AGRIC.  DEPT, 


DOCUMENTS 
DFPT. 


OHIO 

FOOD  AND  DRUG 
LAWS 


COMPILED     BY 

RENICK    W.    DUNLAP 

Dairy  and  Food  Commissioner 


1908 


OHIO 
FOOD  AND  DRUG  LAWS 


Compiled  by 

RENICK    W.    DUNLAP 

Dairy  and  Food  Commissioner 


1908 


COLUMBUS,  OHIO 

FRED.   J.    HEER,   STATE    PRINTER 

I  908 


Main  I4tt 
A^ric. 


• 


.«* 


• 


LAWS 


REGULATING  THE  MANUFACTURE  .AND  SALE  OF  FOOD, 
DRINK,  DRUGS  AND  LINSEED  OIL,  PAINTS,  AND  AGAINST 
FRAUD  AND  DECEPTION  THEREIN,  TOGETHER  WITH  THE 
LAW  OF  PROCEDURE  FOR  THE  VIOLATION  OF  SUCH 
LAWS. 

AN  ACT 

To  create  the  office  of  dairy  and  food  commissioner,  provide  for  his 
election,  term  of  office,  duties,  salaries,  expenses,  office,  dispo- 
sition of  fines  collected,  annual  reports,  etc.,  as  amended  April 
19,  1894  and  providing  a  penalty  for  resisting  inspection  by 
officers,  as  amended  May  9,  1908. 

SECTION   i.     Be  it  enacted  by  the  General  Assembly  Bates,  (409-7). 
of  the  State  of  Ohio,  That  there  is  hereby  created  the  office 
of  dairy  and  food  commissioner  of  the  state  of  Ohio.     Said 
commissioner  shall  be  elected  at  the  general  election  held 
on  the  first  Tuesday  after  the  first  Monday  in  November, 
A.   D.   one   thousand   eight   hundred   and   ninety-six.      He  Term. 
shall   take   his   office   on   the   first   Tuesday   following   the 
fifteenth  day  of  February  next  after  his  election,  and  shall 
serve  for  two  years,  and  until  his  successor  is  elected  and 
qualified.     He  shall  be  charged  with  the  enforcement  of  all  Duties, 
laws  against  fraud  and  adulteration  or  impurities  in  foods, 
drinks  or  drugs,  and  unlawful  labeling  in  the  state  of  Ohio. 
His   salary   shall   be   three   thousand   five  hundred   dollars  Salary  and 

/  <i»  \  ^  11-  i  11  expenses. 

($3,500)*  per  year,  and  his  necessary  and  reasonable  expense 
incurred  in  the  discharge  in  his  official  duties,  to  be  paid  in 
monthly  installments  at  the  end  of  each  calendar  month. 
Provided,  however,  that  said  salary  and  expenses  provided 
for  herein  shall  be  in  full  of  all  amounts  received  by  said 
commissioner  from  all  sources  whatsoever,  and  said  neces- 
sary and  reasonable  expenses  shall  not  exceed  the  sum  of 
seven  hundred  and  fifty  dollars  in  any  one  year. 

'"  SECTION  2.     It  shall  be  the  duty  of  said  commissioner  £at€s- 1"(4^)- 

General    duties 

or  assistant  commissioner  to  inspect  any  articles  of  butter,  of  himself 
cheese,  lard,  syrup  or  .other  article  of  food  or  drinks  made  a 
or  offered  for  sale  in  the  state  of  Ohio,  as  an  article  of  food 
or  drink,  and  to  prosecute  of  catise  to  be  prosecuted  any  per- 
on  -or  persons,  firm   or  firms,  corporation  or  corporations 
engaged  in  the  manufacture  or  sale  of  any  adulterated  arti- 
cle of  food  or  drink,  or  adulterated  in  violation  of,  or  con- 
trary to  any  laws  of  the  state  of  Ohio. 

"'SECTION  3.     The  said  commissioner,  or  any ,  assistant  Bates,   (409-0). 
commissioner,  or  any  inspetcor,  of  the  dairy  and  food  de- 
partment shall  have  power  in  the  performance  of  their  duty,  Powers. 
to  enter  into  any  creamery,  factory,  -store,  salesroom,  drug 
store  or  laboratory,  or  place  where  "they  have  reason  to  be- 

*  Changed-  to  $4.<.mn  by  gdrcral  a'et,  98  O.  L/3C5: 

273479 


DAIRY    AND    FOOD    COMMISSION POWERS,     ETC. 


Refusing    to 
allow    com- 
missioners, 
inspectors, 
etc.,     entrance 
to    creamery, 
store,    etc. 

Interfere    or 
refuse     to     de- 
liver sample, 
etc. 


Penalty. 


Bates.     (409-10) 


Assistant 
commissioners. 
Experts, 
chemists, 
agents,    in- 
spectors   and 
counsel. 


Bonds. 


Payment  of 
expenses,   etc.; 
limitation. 


Vacancies   in 
office    of    com- 
missioner. 


lieve  food  or  drink  or  linseed  oil  are  made,  prepared,  sold  or 
offered  for  sale,  and  to  examine  their  books,  and  to  open  any 
cask,  tub,  jar,  bottle  or  package,  containing  or  supposed  to 
contain  any  article  of  food  or  drink  and  examine  or  cause  to 
be  examined  and  analyzed  the  contents  thereof,  and  it  shall 
be  the  duty  of  any  prosecuting  attorney  in  any  county  of  the 
state,  when  called  upon  by  said  commissioner  or  assistant 
commissioner,  or  any  inspector,  to  render  him  any  legal  as- 
sistance in  his  power,  to  execute  the  laws,  and  to  assist  in 
the  prosecution  of  cases  arising  under  provisions  of  this  act. 

Sec.  33.  Any  person  or  persons  who  refuse  to  allow 
said  commissioner,  or  any  assistant  commissioner  or  any  in- 
spector, or  any  of  his  agents  entrance  to  any  creamery,  fac- 
tory, store,  salesroom,  drug  store,  laboratory,  booth,  vehicle, 
steam  or  electric  cars,  or  place  which  he  desires  to  enter  in 
the  discharge  of  his  official  duty ;  or  in  any  manner  interfere 
with  said  commissioner,  or  any  assistant  commissioner,  or 
any  inspector,  or  agent  in  the  discharge  of  his  official  duty ; 
or  refuse  to  deliver  to  him  a  sample  of  any  article  of  food, 
drug,  or  linseed  oil  made,  sold,  offered  or  exposed  for  sale 
by  such  person  or  persons,  when  the  same  is  requested  and 
when  the  value  thereof  is  tendered,  shall  be  fined  not  exceed- 
ing two  hundred  nor  less  than  fifty  dollars,  for  the  first 
offense,  and  for  each  subsequent  offense  shall  be  fined  not 
exceeding  three  hundred  nor  less  than  one  hundred  dollars, 
or  imprisoned  in  the  county  jail  not  exceeding  one  hundred, 
nor  less  than  thirty  days,  or  both. 

SECTION  4.  Said  commissioner  may  appoint  not  to  ex- 
ceed two  assistant  commissioners,  each  of  whose  salaries  shall 
be  one  thousand  dollars  per  year,  and  necessary  traveling  ex- 
penses incurred  in  the  discharge  of  their  official  duties,  to  be 
paid  in  like  manner  with  the  commissioner's  and  on  itemized 
vouchers  approved  by  said  commissioner ;  the  said  commis- 
sioner shall  have  power  to  employ  such  experts,  chemists, 
agents,  inspectors  and  counsel  as  may  by  him  be  deemed 
necessary  for  the  proper  enforcement  of  the  laws,  their  com- 
pensation to  be  fixed  by  the  commissioner.  And  each  assist- 
jant  commissioner  and  inspector  now  serving  or  hereafter 
appointed  shall,  before  entering  upon  or  continuing  in  the 
discharge  of  his  duties,  give  bond  payable  to  the  state  in  the 
sum  of  $1,000  with  sureties  to  the  approval  of  the  dairy 
and  food  commissioner  conditioned  for  the  faithful  perform- 
ance of  his  duties,  which  bond,  when  so  approved,  shal  l;c 
filed  with  the  secretary  of  state  and  be  open  to  inspection  at 
all  proper  times. 

All  charges,  accounts  and  expenses  authorized  by  this 
act  shall  be  paid  out  of  the  state  treasury  upon  vouchers 
certified  by  the  commissioner,  and  upon  warrant  by  the  state 
auditor.  The  entire  expense  of  said  commissioner  shall  not 
exceed  in  one  year  the  amount  specifically  appropriated  for 
such  purposes.  All  vacancies  in  the  office  of  dairy  and  food 
commissioner  shall  be  filled  by  apointment  of  the  governor 
until  the  next  general  election,  then  the  same  shall  be  filled 
as  in  the  original  election.  All  fines,  fees  and  costs  assessed 


MAY   EMPLOY   CLERK ADULTERATION  OF  FOOD  AND  DRUGS.  ^ 

and  collected  under  prosecutions  begun,   or  caused  to  be  Disposition  of 

,  ,  .      .  i       n     /~  r  1  tines,   tees  and 

begun,  by  the  commissioner,  and  all  fines,   fees  and  costs  costs. 

heretofore  assessed  and  collected  under  prosecution  begun 

or  caused  to  be  begun  by  the  commissioner,  shall  be  paid  by  Office,  seal, 

the  court  to  the  commissioner,  and  by  him  paid  into  the  l?pp°[S[y  a" 

state  treasury  and  be  credited  to  the  general  revenue  fund  of 

the  state. 

The  two  most  easterly  rooms  on  the  north  side  of  the 
east  end  of  the  south  corridor  of  the  state  house,  now  occu- 
pied by  the  dairy  and  food  commissioner,  are  set  apart  for 
his  use,  wherein  shall  be  kept  his  books,  records,  or  other 
property  of  his  office. 

He  shall  keep  a  seal  with  which  to  attest  official  acts 
and  documents,  and  shall  be  entitled  to  stationery  ana  sup- 
plies from  the  secretary  of  state  as  are  other  state  officers. 
The  commissioner  shall  make  an  annual  report  to  the  gover-  Annual  report, 
nor  as  soon  as  possible  after  the  I5th  day  of  November  of 
each  year,  containing  itemized  statements  of  all  receipts  and 
disbursements,  attorney  fees  in  each  specified  suit  brought 
in  this  department,  and  all  persons  employed  by  him,  to- 
gether with  such  statistics  and  other  matter  as  he  may  regard 
of  value ;  said  reports  to  be  published  as  are  the  other  re- 
ports of  the  other  sta,te  officers. 

He  shall  issue  bulletins  at  such  times  as  he  may  deem  Bulletins, 
best,  giving  such  information  as  he  may  have  of  the  condi- 
tion of  the  various  products  which  it  is  his  duty  to  cause  to 
be  inspected  and  the  results  of  analyses  by  him  caused  to  be 
made,  and  such  other  information  as  may  be  serviceable  to 
the  public,  which  said  bulletins  shall  be  immediately  pub- 
lished by  the  state  and  distributed  by  the  commissioner. 


AN  ACT 

To  authorize  the  dairy  and  food  commissioner  of  Ohio  to  employ 

a  clerk. 

SECTION  i.  That  the  dairy  and  food  commissioner  of 
Ohio  be  and  is  hereby  authorized  to  employ  a  clerk  for  his 
office  whose  compensation  shall  not  exceed  $1,200  per 
annum.  97  O.  L.  31  ;  90  O.  L.  257. 


AN  ACT 

To    provide    against    the    adulteration    and    misbranding    of    food 

and  drugs. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

SECTION    i.     That  no  person  shall,  within  this  state,   Sales,  etc.,  of 
manufacture  for  sale,  offer  for  sale,  sell,  deliver  or  have  in    Ld^mfs^ 
his  possession  with  intent  to  sell  or  deliver  anv  drug  or  ar-    br^ded  foods 

.    irr*         i  •  '*      «  11  'i  ""  and  drugs  pro- 

ticle  of  food  which  is  adulterated,  within  the  meaning  of    hibited. 


MAY  EMl'LOY   CLERK ADULTERATION  OF   FOOD  AND  DRUGS. 


*'Drug"    and 
"Food"  de- 
fined.     Flav- 
oring  extract. 


Drugs  when 
adulterated. 


Foods  when 
adulterated. 


this  act;  that  no  person  shall,  within  this  state,  offer  for 
sale,  sell,  deliver  or  have  in  his  possession  with  intent  to  sell 
or  deliver  any  drug  or  article  of  food  which  is  misbranded, 
within  the  meaning  of  this  act. 

SECTION  2.  The  term  "drug,"  as  used  in  this  act,  shall 
include  all  medicines  for  internal  or  external  use  or  for  in- 
halation, antiseptic,  disinfectants  and  cosmetics.  The,  term 
"food,"  as  used  herein,  shall  include  all  articles  used  for 
food,  drink,  flavoring  extract,  confectionery,  or  condiment 
by  man,  whether  simple,  mixed  or  compound.  The  term 
"flavoring  extract,"  as  used  herein,  shall  include  any  article 
used  as  a  flavor  for  foods  or  drinks  whether  used  or  sold 
under  the  name  of  extract,  flavor,  essence,  tincture,  or  any 
other  name. 

SECTION  3.  An  article  shall  be  deemed  to  be  adulterated 
within  the  meaning  of  this  act : 

(a)  In  the  case  of  drugs  :  ( I )  If,  when  sold  under  or 
by  a  name  recognized  in  the  eighth  decennial  revision  of  the 
United  States  Pharmacopoeia,  or  the  third  edition  of  the 
National  Formulary,  it  differs  from  the  standard  of  strength, 
quality  or  purity  laid  down  therein;  (2)  if,  when  sold  under 
or  by  a  name  not  recognized  in  the  eighth  decennial  revision 
of  the  United  States  pharmacopoeia,  or  the  third  edition 
of  the  National  Formulary,  but  which  is  found  in  some  other 
pharmacopoeia,  or  other  standard  work  on  materia  medica, 
it  differs  materially  from  the  standard  of  strength,  quality 
and  purity  laid  down  in  such  work;  (3)  if  its  strength, 
quality  or  purity  falls  below  the  professed  standard  under 
which  it  is  sold;  (4)  if  it  is  an  imitation  of,  or  offered  for 
sale  under  the  name  of  another  article;  (5)  if  the  contents 
of  the  package  as  originally  put  up  shall  have  been  removed, 
in  whole  or  in  part,  and  other  contents  shall  have  been 
placed  in  such  package;  (6)  if  it  contains  any  methyl  or 
wood  alcohol. 

(b)  In  the  case  of  food,  drink,  flavoring  extract,  con- 
fectionery or  condiment :  ( I )  If  any  substance  or  substances 
have  been  mixed  with  it,  so  as  to  lower  or  depreciate  or 
injuriously  affect  its  quality,  strength  or  purity;  (2)  if  any 
inferior  or  cheaper  substance  or  substances  have  been  sub- 
stituted wholly,  or  in  part,  for  it;  (3)  if  any  valuable  or 
necessary  constituent  or  ingredient  has  been  wholly,  or  in 
part,  abstracted  from  it ;  (4)  if  it  is  an  imitation  of,  or  is 
sold  under  the  name  of  another  article;  (5)  if  it  consists 
wholly,  or  in  part,  of  a  diseased,  decomposed,  putrid,  in- 
fected, tainted  or  rotten  animal  or  vegetable  substance  or 
article,  whether  manufactured  or  not  or,  in  the  case  of  milk, 
if  it  is  the  produce  of  a  diseased  animal';  (6)  if  it  is  colored, 
coated,  polished  or  powdered,  whereby  damage  or  inferiority 
is  concealed,  or  if  by  any  means  it  is  made  to  appear  better 
or  of  greater  value  than  it  really  is;  (7)  if  it  contains  any 
added  substance  or  ingredient  which  is  poisonous  or  injur- 
ious to  health;  (8)  if,  when  sold  under  or  by  a  name  recog- 
nized in  the  eight  decennial  revision  of  the  United  States 
pharmacopoeia,  or  the  Third  Edition  of  the  National  Form- 


MAY  EMPLOY  CLERK ADULTERATION   OF  FOOD  AND  DRUGS.- 

ulary,  it  differs  from  the  standard  of  strength,  quality  or 
purity  laid  down  therein ;  (9)  if,  when  sold  under  or  by  a 
name  not  recognized  in  the  Eighth  Decennial  Revision  of 
the  United  States  Pharmacopoeia,  or  the  Third  Edition  of 
the  National  Formulary,  but  is  found  in  some  other  pharm- 
acopoeia, or  other  standard  work  on  materia  medica,  it 
differs  materially  from  the  standard  of  strength,  quality  or 
purity  laid  down  in  such  work;  (10)  if  the  strength,  quality 
or  purity  falls  below  the  professed  standard  under  which  it 
is  sold;  (n)  if  it  contains  any  methyl  or  wood  alcohol. 

Sec.  33.  An  article  shall  be  deemed  to  be  misbranded 
within  the  meaning  of  this  act : 

(aj  In  the  case  of  drugs:  (i)  If  the  package  fails 
to  bear  a  statement  on  the  label  of  the  quantity  or  proportion 
of  any  grain  or  ethyl  alcohol,  morphine,  opium,  cocaine, 
heroine,  alpha  or  beta  eucacaine,  chloroform,  cannabis  in- 
dica,  choral  hydrate,  acetanilide  or  any  derivative  or  prepar- 
ation of  any  such  substances  contained  therein,  PRO- 
VIDED, that  the  provisions  of  this  section  shall  not  apply  to 
the  prescriptions  of  regularly  licensed  physicians,  dentists 
and  doctors  of  veterinary  medicine,  nor  to  such  drugs  and 
preparations  as  are  officially  recognized  in  the  Eighth  De- 
cennial Revision  of  the  United  States  Pharmacopoeia,  or  the 
Third  Edition  of  the  National  Formulary,  and  which  are 
sold  under  the  name  by  which  they  are  so  recognized;  (2) 
if  the  package  containing  it  or  any  label  thereon  shall  bear" 
any  statement,  design  or  device  regarding  it  or  the  ingred- 
ients or  substances  contained  therein,  which  shall  be  false  or' 
misleading  in  any  particular.. 

(b)  In  the  case  of  food,  drink,  flavoring  extracts,  con- 
fectionery  or  condiment:  (i)  If  the  package  fails  to  bear 
a  statement  on  the  label  of  the  quantity  or  proportion  of  any 
morphine,  opium,  cocaine,  heroine,  alpha  or  beta  eucaine, 
chloroform,  cannabis  indica,  chloral  hydrate  or  acetanilide, 
or  any  derivative  or  preparation  of  any  such  substances  con- 
tained therein;  (2)  if  it  be  labeled  or  branded  so  as  to 
deceive  or  mislead  the  purchaser  or  purport  to  be  foreign 
product  when  not  so-;  (3)  if  in  package  form,  and  the  con- 
tents are  stated  in  terms  of  weight  or  measure,  they  are  not 
plainly  and  correctly  stated  on  the  outside  of  the  package ; 
(4)  in  case  of  any  flavoring  extract,  for  which  no  standard 
exists,  if  the  same  is  not  labeled  "artificial"  or  "imitation" 
and  the  formula  printed  in  the  same  manner  hereinafter  pro-- 
vided  for  the  labeling  of  "compounds"  or  "mixtures"  and 
their  formulae;  (5)  if  the  package  containing  it  or  any 
label  thereon  shall  bear  any  statement,  design  or  device  re- 
garding it  or  the  ingredients  or  substances  contained  therein, 
which  shall  be  false  or  misleading  in  any  particular;  PRO-  Exception. 
VIDED,  that  the  provision  of  this  act  shall  not  apply  to  mix- 
tures or  compounds  recognized  as  ordinary  articles  or  ingre- 
dients of  articles  of  food  or  drink,  if  each  and  every  pack- 
age sold  or  offered  for  sale  be  distinctly  labeled  in  words  of 
the  English  language  as  mixtures  or  compounds,  with  the 
name  and  percentage,  in  terms  of  100  per  cent  ,  of  each 


UNWHOLESOME    FOOD — MAPLE    SYRUP    AND    SUGAR    LAW. 


Furnishing 
sample  for 
analysis. 


tuaresHo?c£n*'    ingredient  therein.     The  word   "compound"   or  "mixture" 
pounds.  shall  be  printed  in  letters  and  figures  not  smaller  in  either 

height  or  width  than  one-half  the  largest  letter  upon  any 
label  on  the  package  and  the  formula  shall  be  printed  in 
letters  and  (figures)  not  smaller  in  either  height  or  width 
than  one-fourth  the  largest  (letter)  upon  any  label  on  the 
package  and  such  compound  or  mixture  must  not  contain 
any  ingredient  that  is  poisonous  or  injurious  to  health. 

SECTION  4.  Every  person  manufacturing,  offering  or 
exposing  for  sale,  or  delivering  to  a  purchaser,  any  drug 
or  article  of  food  included  in  the  provisions  of  this  act,  shall 
furnish  to  any  person  interested,  "or  demanding  the  same, 
who  shall  apply  to  him  for  the  purpose,  and  shall  tender 
him  the  value  of  the  same,  a  sample  sufficient  for  the 
analysis  of  any  such  drug  or  article  of  food  which  is  in 
his  possession. 

SECTION  5.  Whoever  refuses  to  comply,  upon  demand, 
with  the  requirements  of  section  4,  and  whoever  violates 
any  of  the  provisions  of  this  act,  shall  be  fined  not  exceeding 
one  hundred  nor  less  than  twenty-five  dollars,  for  the  first 
offense,  and  for  each  subsequent  offense  shall  be  fined  not 
exceeding  two  hundred  dollars  nor  less  than  one  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  one 
hundred,  nor  less  than  thirty  days,  or  both.  And  any  person 
found  guilty  of  manufacturing,  offering  for  sale  or  selling 
an  adulterated  article  of  food  or  drug  under  the  provisions 
of  this  act,  shall  be  adjudged  to  pay  in  addition  to  the  pen- 
alties hereinbefore  provided  for,  all  necessary  costs  and  ex- 
penses incurred  "in  inspecting  and  analyzing  such  adulter- 
ated articles  'of  which  said  person'  may  have  been  found 
guilty  of  manufacturing,  selling  or  offering  for  sale. 


Penalty. 


Offenses 
against 
public    health. 


Penalty  for 
selling,   etc., 
unwholesome 
^provisions. 


AN  ACT 

Providing  against  the  sale  of  unwholesome  food    (29  v.   144)    and 
to    provide    against    the    contamination    of    animals    used    for 
.  human  food. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Ohio,  That  section  6928  of  the  Revised  Statutes, 
be  amended  and  supplemented  so  as  to  read  as  follows : 

Sec.  6928.  Whoever  sells,  or  offers  for  sale,  or  has  in 
his  possession  with  a  view  to  sell  any  kind  of  diseased, 
corrupted  or  adulterated,  or  unwholesome  provisions, 
whether  for  meat  or  drink,  without  making  the  condition 
of  the  same  known  to  the  buyer,  and  whoever  kills  for  the 
purpose  of  sale,  any  calf  less  than  four  weeks  old,  or  sells, 
or  has  in  possession  with  intent  to  sell,  the  meat  of  any  calf 
which  he  knows  to  have  been  killed  when  less  than  four 
weeks  old,  shall  be  fined  not  more  than  fifty  dollars  or  im- 
prisoned not  more  than  twenty  days,  or  both. 

Sec.  6928-1.  Whoever  feeds  to  swine,  or  animals  of 
any  kind  used  for  human  food,  the  flesh  of  any  old  horse,  or 


UNWHOLESOME    FOOD  -  MAPLE    SYRUP    AND    SUGAR    LAW. 


the  flesh  of  any  animal  which  has  become  old,  decrepit,  in-  P^aity  for 

~  .    .  J     -  .,1,1  j-if  i  feeding  un- 

firm  or  sick,  or  of  one  that  has  died  from  any  such  cause,  or  wholesome 
of  any  offal  or  flesh  that  is  putrid  or  unwholesome,  shall  f^Line, 
l>e  fined  not  more  than  two  hundred  dollars  nor  less  than 
fifty,  or  imprisoned  for  the  first  offense,  not  more  than  thirty 
days,  or  both,  and  for  the  second  offense  not  more  than  six 
months,  or  both. 


fleetsch 


MAPLE  SYRUP  AND  SUGAR  LAW  OF  OHIO. 
As  Amended  April  6,  1906. 

SECTION  i.  That  maple  sugar,  or  pure  maple  sugar, 
and  maple  syrup,  or  pure  maple  syrup,  shall  be  the  unadul- 
terated .product  produced  by  the  evaporation  of  pure  sap 
from  the  maple  tree. 

SECTION  2.  -The  standard  of  weight  of  a  gallon  of 
maple  syrup  of  231  cubic  inches  in  the  state  of  Ohio,  shall  be 
•eleven  pounds.  Any  substance  purporting  to  be  maple  syrup 
or  maple  sugar  not  made  in  compliance  with  section  i  of 
this  act  shall  be  deemed  to  be  an  adulteration  of  maple  syrup 
or  maple  sugar,  and  maple  syrup  of  less  weight  than  herein 
required  shall  be  deemed  an  adulteration  of  maple  syrup. 

SECTION  3.  Any  person  who  shall  manufacture  for 
sale,  offer  for  sale,  or  have  in  his  possession  with  intent  to 
sell,  or  sell  or  deliver  as  and  for  maple  syrup  or  maple 
sugar  any  adulteration  of  maple  syrup  or  maple  sugar  as 
herein  defined  shall,  upon  conviction,  be  punished  as  pro- 
vided in  section  6  of  this  act. 

SECTION  4.  Any  person  who  shall  offer  for  sale,  have 
in  his  possession  with  intent  to  sell,  or  sell  or  deliver  as  and 
for  maple  syrup,  or  as  and  for  maple  sugar,  any  articles 
which  do  not  bear  the  name  and  address  of  the  packer  and 
also  the  State,  Territory  or  Country  in  which  the  goods  were 
produced,  in  plain  legible  type  upon  the  label,  shall  upon 
conviction,  be  punished  as  provided  in  section  6  of  this  act. 

SECTION  .5.  Any  person  who  shall  offer  for  sale,  have 
in  his  possession  with  intent  to  sell,  or  sell  or  deliver  any 
adulteration  of  maple  syrup  or  maple  sugar  in  any  box,  can, 
bottle  or  other  package  having  the  word  "Maple"  or  any 
compounding  of  this  word,  as  the  name  or  part  of  the  name 
of  the  syrup  or  sugar  or  any  device  or  illustration  sugges- 
tive of  maple  syrup  or  sugar  or  the  manufacture  thereof, 
shall,  upon  conviction,  be  punished  as  provided  in  section 
6  of  this  act. 

SECTION  6.  Any  person  who  violates  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  fined  not  less  than  fifty  nor  muiv 
than  two  hundred  dollars  and  shall  pay  the  costs  of  prose- 
cution. 


Maple   sugar. 
Maple    syrup. 

Sap    from 
maple  tree. 

Standard  gal- 
lon. 


Selling  adul- 
teration of 
maple    syruji, 
etc.,  prohibit- 
ed. 


Name  and  ad- 
dress of  place 
where  packed, 
of  packer, 
must  be  on 
goods. 


Word  "Maple" 
cannot  be  any 
adulteration  of 
maple  syrup, 
etc. 


Penalty. 


10 


ADULTERATION   OF   VINEGAR, 


Cider   vinegar, 
"cider"    "ap- 
ple" or  com- 
pounding   of 
such    words. 


Standard 
cider   vinegar. 


See     (4200-50). 


Wine  or  grape 
vinegar  stand- 
ard. 


Malt    vinegar 
standard. 


AN  ACT 

To  prevent  the  adulteration  of  vinegar 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

SECTION  i.  That  no  person  shall  manufacture  for  sale, 
offer,  or  expose  for  sale ;  sell  or  deliver,  or  have  in  his  pos- 
session with  intent  to  sell  or  deliver,  any  vinegar  not  in 
compliance  with  the  provisions  of  this  act.  Any  vinegar 
manufactured  for  sale,  offered  for  sale,  exposed  for  sale, 
sold  or  delivered,  or  in  the  possession  of  any  person  with 
intent  to  sell  or  deliver,  under  the  name  of  cider  vinegar,  or 
apple  vinegar,  or  any  compounding  of  the  word  "cider"  or 
"apple"  as  the  name  or  part  of  the  name  of  any  vinegar, 
shall  be  the  product  made  by  the  alcoholic  and  subsequent 
acetous  fermentations  of  the  juice  of  apples,  shall  contain  no 
foreign  substance,  drugs  or  acids,  is  laevo-rotatory,  and  shall 
contain  not  le«.s  than  four  (4)  grams  of  acetic  acid,  not 
less  than  1.6  grams  of  apple  solids,  of  which  not  more  than 
fifty  (50)  per  cent,  are  reducing  sugars,  and  not  less  than 
twenty-five  hundredths  (0.25)  grams  of  apple  ash  in  one 
hundred  cubic  centimeters  (at  a  temperature  of  twenty  (20) 
degrees  centigrade  ;  and  the  water-soluble  ash  from  one  hun- 
dred (100)  cubic  centimeters  at  a  temperature  of  twenty 
(20)  decrees  centigrade)  of  the  vinegar  shall  contain  not 
less  than  ten  (  10)  milligrams  of  phosphoric  acid,  (P2  O5), 
and  which  shall  require  not  less  than  thirty  (30)  cubic  centi- 
meters of  decinormal  acid  to  neutralize  its  alkalinity. 

2.  Any  vinegar  manufactured  for  sale,  offered  for  sale, 
exposed  for  sale,  sold  or  delivered  or  in  the  possession  of 
,-  ny  person  with  intent  to  sell  or  deliver,  under  the  name  of 
wine  vinegar  or  grape  vinegar,  shall  be  the  product  made 
by  the  rlcohclic  and  subsequent  acetous  fermentations  of  the 
juice  of  grapes,  and  shall  contain,  in  one  hundred    (100) 
cubic  centimeters  (at  a  temperature  of  twenty  (20)  degrees 
centigrade),  not  less  than  four  (4)  grams  of  acetic  acid,  not 
less  than  one  (i.o)  gram  of  grape  solids,  and  not  less  than 
thirteen   hundredths    (0.13)    grams  of  grape  ash. 

3.  Any   vinegar    manufactured    for    sale,   offered    for 
sale,  exposed  for  sale,  sold  or  delivered  or  in  the  possession 
of  any  person  with  intent  to  sell  or  deliver,  under  the  name 
of  malt  vinegar  shall  be  the  .product  made 'by  the  alcoholic 
and  subsequent  acetous  fermentations,  without  distillation,  of 
an  infusion  of  barley  malt  or  cereals  whose  starch  has  been 
converted  by  malt,  is  dextro-rotatory,  and  shall  contain  in 
one  hundred  (100)  cubic  centimeters  (at  a  temperature  of 
twenty    (20)    degrees  centigrade),  not  less  than   four    (4) 
prams  of  acetic  acid,  not  less  than  two  (2)  grams  of  solids, 
and  not  less  than  two-tenths   (0.2)  grams  of  ash;  and  the 
water-soluble  ash  from  one  hundred  (100)  cubic  centimeters 
(at  a  temperature  of  twenty  (20)   degrees  centigrade),  of 
the  vinegar  shall  contain  not  less  than  nine   (9)  milligrams 
of  phosphoric  acid  ( P2  O5)  and  which  shall  require  not  less 


ADULTERATION  OF  VINEGAR.  11 

than  four  (4)  cubic  centimeters  of  decinormal  acid  to  neu- 
tralize its  alkalinity. 

4.  Any  vinegar  manufactured  for  sale,  offered  for 
sale,  exposed  for  sale,  sold  or  delivered  or  in  the  possession 
of  any  person  with  intent  to  sell  or  deliver,  under  the  name 
of  distilled  vinegar,  shall  be  the  product  made  wholly  or  in 
part  by  the  acetous  fermentation  of  dilute  distilled  alcohol, 
and  shall  contain  in  one  hundred  (100)  cubic  centimeters, 
(at  a  temperature  of  twenty  (20)  degrees  centigrade),  not 
less  than  four  (4)  grams  of  acetic  acid,  and  shall  be  free 
from  coloring  matter,  added  during,  or  after  distillation,  and 
from  coloring  other  than  that  imparted  to  it  by  distillation. 

SECTION   2.     All   vinegar  made   by   fermentation   and   Otherdferi"ne 
oxidation  without  the   intervention  of  distillation  shall  be   JTr? e( 
branded  "fermented  vinegar,"  with  the  name  of  the  fruit 
or  substance  from  which  the  same  is  made.    And  all  vinegar 
made    wholly    or    in    part    from    distilled    liquor    shall    be 
branded  "distilled  vinegar,"  and  all  such  distilled  vinegar   standard, 
shall  be  free  from  coloring  matter  added  during  or  after 
distillation  and  from  color  other  than  that  imparted  to  it 
by   distillation.     And  all   fermented  vinegar  not   otherwise 
provided  for  in  said  Section  I,  and  not  being  distilled  vine-   Free  from 
gar  as  defined  in  said  Section  I,  shall  contain  not  less  than   Uor! 
two   (2)   per  cent,  by  weight  upon  full  evaporation  (at  a 
temperature  of  boiling  water)   of  solids,  contained  in  the 
fruit  or  grain  or  substance  from  which  said  vinegar  is  fer- 
mented, and  said  vinegar  shall  contain  not  less  than  two-   forei^rf^b^ 
and-one-half-tenths  of  one  per  cent,  ash  or  mineral  matter,   stances. 
the,  same  being  the  product  of  the  material  from  which  said 
vinegar  is  manufactured.     And  all  vinegar  shall  be  made  51^ec'  ^ 
wholly  from  the  fruit  or  grain  from  which  it  purports  to  be 
or  is  represented  to  be  made,  and  shall  contain  no  foreign 
substance,  and  shall  contain  not  less  than  four  per  cent.,  by 
weight  of  absolute  acetic  acid. 

SECTION  ^.    No  person  shall  manufacture  for  sale,  offer   Substances 

-  ,  ^          .       r  .  .  .  i      .  11  forbidden. 

for  sale,  or  have  in  his  possession  with  intent  to  sell,  any 
vinegar  found  upon  proper  test  to  contain  any  preparation 
of  lead,  copper,  sulphuric  or  other  mineral  acid,  or  other  in- 
gredients injurious  to  health.    And  all  packages  containing   Ail  packages 
vinegar  shall  be  branded  on  the  head  of  the  cask,  barrel  or 
keg  containing  such  vinegar,  or  if  sold  in  other  packages,    Skc.  (4200- 
that  each   package  be  plainly  marked  with  the  name  and 
residence   of   the   manufacturer,    together   with   brand   re- 
quired in  section  two  hereof. 

SECTION  4.    Whoever  violates  any  of  the  provisions  of   Penalty, 
this  act  shall,  upon  conviction,  be  fined  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars,  or  imprisoned 
not  less  than  thirty  days  nor  more,  than  one  hundred  days,   |^-  (420C 
or  both,  and  shall  be  adjudged  to  pay,  in  addition,  all  neces- 
sary costs  and  expenses  incurred  in  inspection  and  analyzing 
such    vinegar.      Every    person    making   or    manufacturing 
cider  vinegar,  who  is  not  a  domestic  manufacturer  of  cider 
or  cider  vinegar,   shall  brand  on  each  head  of  the  cask, 


12 


1RAUD  IN   CANNING  FRUITS  AND  VEGETABLES. 


c3arsk"dsof°nv5ne-    barrel  or  keg  containing  such  vinegar,  the  name  and  resi* 
gar.  dence  of  the  manufacturer,  the  date  when  same  was  manu- 

factured, and  the  words  "cider  vinegar."  And  no  vinegar 
shall  be  branded  "fruit  vinegar"  unless  the  same  be  made 
wholly  fromi  apples,  grapes,  or  other  fruit.  Provided,  that 
Manufacturing  nothing  in  this  bill  shall  be  construed  to  prevent  any  farmer 
from  manufacturing  for  his  own  private  use,  or  offering  for 
sale,  not  to  exceed  twenty-five  barrels  in  any  one  year,  pure 
cider  or  other  fruit  vinegar,  branding  the  same  "domestic 
cider  vinegar,"  with  name  and  date  of  manufacturer,  and 
when  so  branded,  shall  be  sufficient  guarantee  of  its  purity. 


farmer. 


Forbidding 
the  sale  of 
unlaoeled 
canned   fruits 
and  vegetables. 

Bates,    (7072-1). 


Labeling  of 
"soaked5' 
goods    and 
cans   of   maple 
molasses. 


Bates, 
(7072-2). 


False  or  frau- 
dulent stamps 
or    labels  — 
penalty    for 
making. 


Bates, 
(7072-3). 


AN  ACT 

To  prevent  fraud  in  canning  fruits  and  vegetables. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Ohio,  That  it  shall  hereafter  be  unlawful  in 
this  state  for  any  packer  or  dealer  in  preserved  or  canned 
fruits  and  vegetables,  or  other  articles  of  food,  to  offer  such 
canned  articles  for  sale,  after  January  i,  1886,  with  the 
exception  of  goods  brought  from  foreign  countries  or 
packed  prior  to  the  passage  of  this  act,  unless  such  articles 
bear  a  mark  to  indicate  the  grade  or  quality,  together  with 
the  name  and  address  of  such  firm,  person  or  corporation? 
that  pack  the  same,  or  dealer  who  sells  the  same. 

SECTION  2.  That  all  soaked  goods,  or  goods  put  up 
from  products  dried  before  canning,  shall  be  plainly  marked 
by  an  adhesive  label,  having  on  its  face  the  word  "soaked," 
in  letters  not  less  in  size  than  two-line  pica,  of  solid  and 
legible  type;  and  all  cans,  jugs,  or  other  packages  contain- 
ing maple  syrup  or  molasses,  shall  be  plainly  marked  by  an 
adhesive  label,  having  on  its  face  the  name  and  address  of 
the  person,  firm  or  corporation  who  made  or  prepared  the 
same,  together  with  the  name  and  quality  of  the  goods,  in 
letters  of  the  size  provided  in  this  section. 

SECTION  3.  Any  person,  firm  or  corporation  who  shall 
falsely  stamp  or  label  such  cans  or  jars  containing  pre- 
served fruit  or  food  of  any  kind,  or  knowingly  permit  such 
false  stamping  or  labeling,  and  any  person,  firm  or  cor- 
poration who  shall  violate  any  of  the  provisions  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  witn 
a  fine  not  less  than  $50  in  case  of  vendors,  and  in  the  case 
of  manufacturers,  and  those  falsely  or  fraudulently  stamp- 
ing or  labeling  such  cans  or  jars,  a  fine  of  not  less  than  $500 
nor  more  than  $1,000;  and  it  shall  be  the  duty  of  any  board 
of  health  in  this  state,  cognizant  of  any  violation  of  this 
act,  to  prosecute  any  person,  firm  or  corporation  which  it 
has  reason  to  believe  has  violated  any  of  the  provisions  of 
this  act,  and  after  deducting  the  cost  of  trial  and  convic- 
tion, to  retain  for  the  use  of  such  board  the  balance  of  the 
fine  or  fines  recovered. 


ADULTERATION    OF     CANDY  —  TESTING    MILK.  13 

AN  ACT 

To  provide  against  the  adulteration  of  candy. 

SECTION  i.    Be  it  enacted  by  the  General  Assembly  of  ^S^i) 
the  State  of  Ohio,  That  no  person  shall  manufacture  for  sale, 
or  sell  or  offer  to  sell  any  candy  adulterated  by  the  admix-  Manufacture 
ture  of  terra  alba,  barytes,  talc,  or  other  mineral  substance,  adulterated 
poisonous  colors,  or  flavors  or  other  ingredients,  deleterious  candy- 
or  detrimental  to  health. 


SECTION  2.  Every  person  manufacturing  any  candy, 
or  offering  or  exposing  the  same  for  sale,  shall  furnish  to 
any  person  interested  or  demanding  the  same,  who  shall 
apply  to  him  for  that  purpose,  and  shall  tender  him  the  Samples. 
value  of  the  same,  a  sample  sufficient  for  the  analysis 
thereof. 

SECTION  3.    Whoever  refuses  to  comply,  upon  demand,  Penalties, 
with  the  requirements  of  section  2,  and  whoever  violates   Bates, 
any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  mis- 
demeanor,  and  upon  conviction  shall  be  fined  not  exceeding 
one  hundred  dollars,  nor  less  than  twenty-five  dollars,  or 
imprisoned  not  exceeding  one  hundred  nor  less  than  thirty 
days,  or  both;  and  he  shall  be  adjudged  to  pay  in  addition 
all  necessary  costs  and  expenses  incurred  in  the  inspecting 
and  analyzing  such  adulterated  candy,  and  the  same  shall 
be  forfeited  and  destroyed  under  the  direction  of  the  court. 


AN  ACT 

To  regulate  the  testing  of  milk. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  standards. 
the  State  of  Ohio,  In  the  use  of  the  Babcock  test,  the  stand- 
ard milk  measures  or  pipettes,  shall  have  a  capacity  of  17.6 
cubic  centimeters ;  and  the  standard  test  tubes  or  bottles 
for  milk,  shall  have  a  capacity  of  2  cubic  centimeters  for 
each  10  per  cent,  marked  on  the  necks  thereof;  the  standard 
unit  of  cream  for  testing  shall  be  18  grams,  and  it  is  hereby 
made  a  misdemeanor  to  use  any  other  standards  of  milk  or 
cream  measure  where  milk  or  cream  is  purchased  by  or 
furnished  to  creameries  or  cheese  factories  and  where  the 
value  of  said  milk  or  cream  is  determined  by  the  per  cent. 
of  butter  fat  contained  in  the  same  by  the  Babcock  test. 

SECTION  2.  Any  manufacturer,  merchant,  dealer,  or 
agent  in  this  state  who  shall  offer  for  sale  or  sell  a  milk 
pipette  or  measure,  test  tube  or  bottle,  which  is  not  correctly 
marked  or  graduated,  as  herem  provided,  shall  be  guilty 
of  a  misdemeanor,  and  upon  "conviction  thereof,  shall  be 
punished  as  provided  in  section  four  of  this  act. 

SECTION  3.  It  shall  be  unlawful  for  the  owner,  man- 
ager, agent,  or  any  employee  of  a  cheese  factory,  creamery 
or  condensed  milk  factory  or  other  place  where  milk  is 


14 


WET  DISTILLERY  WASTI-    IN   THE  FEEDING  OF  COWS. 


tested  for  quality  or  value  to  manipulate  or  under-read  or 
over-read  the  Babcock  test  or  any  other  contrivance  used 
for  determining  the  quality  or  value  of  milk  or  cream  or  to 

False  testing,     make  any  false  determination  by  said  Babcock  test  or  other- 
wise. 

SECTION  4.     Whoever  shall  violate  any  of  the  provi- 
sions of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon 

Penalty.  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 

than  twentv-five  dollars  nor  more  than  one  hundred  dollars. 


Sec.    (4200-9). 


Adulterated 
milk,  water  or 
foreign   sub- 
stance. 

Feeding  dis- 
tillery   or 
starch  waste 
prohibited. 


Penalty. 


Pure  milk. 


Bates, 
(4200-10). 


Skimmed 
milk. 


Bates, 

(420M1). 


AN  ACT 

To   regulate   the   sale  of  milk   and  to  prohibit   the  use  of  wet    dis- 
tillery waste  in  the  feeding  of  cows. 

Be  it  enacted  by  the  General  .Isseuibly  of  the  State  of  Ohio: 

SECT  i  ox  i.  That  whoever  by  himself  or  by  his  ser- 
vant or  agent,  or  as  the  servant  or  agent  of  any  other  per- 
son, sells,  exchanges  or  delivers,  or  has  in  his  custody  or 
possession  with  intent  to  sell  or  exchange  or  exposes  or 
offers  for  sale  or  exchange  adulterated  milk,  or  milk  to 
which  water  or  any  foreign  substance  has  been  added,  or 
milk  from  cows  fed  on  wet  distillery  waste,  or  starch  waste, 
or  from  cows  kept  in  a  dairy  or  place  which  has  been  de- 
clared to  be  in  an  unclean  or  unsanitary  condition  by  cer- 
tificate of  any  duly  constituted  Board  of  Health  or  duly 
qualified  health  officer,  within  the  county  in  which  said 
dairy  is  located,  or  from  diseased  or  sick  cows,  shall  for  a 
first  offense,  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  two  hundred  dollars ;  for  a  second  offense,  by  a 
fine  of  not  less  than  one  hundred  dollars  nor  more  than 
three  hundred  dollars,  or  by  imprisonment  in  the  jail  or 
workhouse  for  not  less  than  thirty  nor  more  than  sixty 
days ;  and  for  a  subsequent  offense,  by  fine  of  fifty  dollars, 
and  by  imprisonment  in  the  jail  or  workhouse  for  not  less 
than  sixty  nor  more  than  ninety  days. 

SECTION  2.  Whoever,  by  himself  or  by  his  servant  or 
a^ent,  or  as  the  servant  or  agent  of  any  other  person,  sells, 
exchanges  or  delivers,  or  has  in  his  custody  or  possession, 
with  intent  to  sell  or  exchange,  or  exposes  or  offers  for  sale 
as  pure  milk,  any  milk  from  which  the  cream  or  part  thereof 
has  been  removed,  shall  be  punished  by  the  penalties  pro- 
vided in  the  preceding  section. 

SKCTIOX  3.  No  dealer  in  milk,  and  no  servant  or  agent 
of  such  a  dealer,  shall  sell,  exchange  or  deliver,  or  have  in 
his  custody  or  possession  with  intent  to  sell,  exchange  or 
deliver,  milk  from  which  the  cream  or  part  thereof  has  been 
removed,  unless  in  a  conspicuous  place  above,  the  center, 
upon  the  outside  of  every  vessel,  can  or  package,  from 
which  or  in  which  such  milk  is  sold,  the  words  "skimmed 
milk"  are  distinctly  marked  in  uncondensed  Gothic  letters 
not  less  than  one  inch  in  length.  Whoever  violates  the  pro- 


DECEPTION    IN    THE    SALE    OF   DAIRY    PRODUCTS, 

visions  of  this  section  shall  be  punished  by  the  penalties 
provided  in  section  i. 

SECTION  4.     In  all  prosecutions  under  this  chapter,  if  ^ 
the  milk  is  shown  upon  analysis  to  contain  more  than  eighty 
eight  per  cent,  of  watery  fluid,  or  to  contain  less  than  12  per  Bates 
cent,  of  solids,  or  to  contain  less  than  3  per  cent,  of  fats,  it   ( 
shall   be   deemed,    for   the  purpose   of   this   chapter,   to  be 
adulterated. 


AN  ACT 

To   prevent    deception   in   the    sale   of   dairy   products   and   to   pre- 
serve the  public  health. 

SECTION  i.    Be  it  enacted  by  the  General  Assembly  oj  - 

the  State  of  Ohio,  That  no  person,  by  himself  or  his  agent,  facture  or  sate 
or  his  employee,  shall  render  or  manufacture  for  sale  out  of   imitoSasFot* 
animal  or  vegetable  oils,  not  produced  from  unadulterated  prohibited, 
milk  or  cream  from  the  same,  any  article  in  imitation  or 
semblance  of  natural  butter  or  cheese  produced  from  pure   Bates, 
unadulterated  milk  or  cream  from  the  same,  nor  compound 
with,  or  add  to  milk,  cream  or  butter  any  acids  or  other 
deleterious  substance,  or  animal  fats  or  animal  or  vegetable 
oils  not  produced  from  milk  or  cream,  so  as  to  produce  any 
article  or  substance,  or  any  human  food,  in  imitation  of 
natural  butter  or  cheese,  nor  shall  sell,  keep  for  sale  or  offer 
for  sale  any  article,  substance  or  compound  made,  manufac- 
tured or  produced  in  violation  of  the  provisions  of  this  sec- 
tion, whether  such  article,  substance  or  compound  shall  be 
made  or  produced  in  this  state  or  elsewhere. 

SECTION  2.  For  the  purpose  of  this  act  the  terms  ^?ttSd  ^^ 
"natural  butter  and  cheese,"  "natural  butter  or  cheese  pro-  cheeS,  etc.. 
duced  from  pure  unadulterated  milk  or  cream  from  the  same, 
butter  and  cheese  made  from  unadulterated  milk  or  cream, 
butter  or  cheese,  the  product  of  the  dairy,"  and  butter  or 
cheese  shall  be  understood  to  mean  the  products  usually 
known  by  the  terms  butter  and  cheese,  and  which  butter  is 
manufactured  exclusively  from  pure  milk  or  cream  or  both, 
with  salt  and  with  or  without  any  harmless  coloring  matter, 
and  which  cheese  is  manufactured  exclusively  from  pure 
milk  or  cream  or  both,  with  salt  and  rennet  and  with  or 
without  any  harmless  coloring  matter  or  sage.  It  is  further 
provided  that  nothing  in  this  act  shall  be  construed  to  pro- 
hibit the  manufacture  or  sale  of  oleomargarine,  in  a  separate 
and  distinct  form,  and  in  such  manner  as  will  advise  the  ine' 
consumer  of  its  real  character,  free  from  any  coloring  matter 
or  other  ingredient  causing  it  to  look  like  or  to  appear  to  be 
butter,  as  above  defined. 

SECTION  3.  Whoever  violates  the  provisions  of  this  Penalty, 
act  shall  be  guilty  of  a  misdemeanor,  and  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred,  or  not  less  than  six  months  nor  more  than  one 
year's  imprisonment  for  the  first  offense,  and  by  imprison- 
ment for  one  year  for  each  subsequent  offense. 


16 


OLEOMARGARINE. 


Bates, 
(4200-10). 

Oleomargar- 
ine,    restric- 
tions  as   to 
manufacture 
of. 

Placards  to 
be  displayed 
by  dealers. 


Bates, 
(4200-17). 


Placards  to  be 
displayed  by 
hotel    proprie- 
tors  and 
others. 


Bates, 
(4200-18). 


Deceptions 
prohibited. 


Oleomargarine 
defined. 


Bates, 
(4200-19). 


Penalty  for 
violation  of 
act. 


AN  ACT 

To   prevent    fraud   and   deception   in   the    manufacture   and    sale   of 
oleomargarine,  and  promote  public  health  in  the  state  of  Ohio. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of 
the  state  of  Ohio,  That  no  person  shall  manufacture,  offer 
or  expose  for  sale,  sell  or  deliver,  or  have  in  his  possession 
with  intent  to  sell  or  deliver,  any  oleomargarine  which  con- 
tains any  methly  (methyl)  orange,  butter  yellow,  annatto, 
aniline  dye,  or  any  other  coloring  matter. 

SECTION  2.  Every  person  who  shall  offer  or  expose 
for  sale,  sell  or  deliver  ,or  have  in  his  possession  with  intent 
to  sell  or  deliver,  any  oleomargarine,  shall  keep  a  white 
placard  not  less  in  size  than  ten  by  fourteen  inches,  in  a 
conspicuous  place  where  the  same  may  be  easily  seen  and 
read,  in  the  store,  room,  stand,  booth,  vehicle  or  place  where 
such  substance  is  offered  or  exposed  for  sale,  on  which  pla- 
card shall  be  printed  in  black  letters,  not  less  in  size  than 
one  and  one-half  inches  square,  the  words,  "oleomargarine 
sold  here ;"  and  said  placard  shall  not  contain  any  other 
words  than  the  ones  described ;  and  no  person  shall  sell  or 
deliver  any  oleomargarine  unless  it  be  done  under  its  true 
name,  and  each  package  has  on  the  upper  side  thereof  a 
label  on  which  is  printed  in  letters  not  less  than  five-eighths 
of  an  inch  square  the  word  "oleomargarine,"  and  in  letteis 
not  less  than  one-eighth  of  an  inch  square,  the  name  and 
per  cent,  of  each  ingredient  therein. 

SECTION  3.  Every  proprietor,  keeper,  manager  or  per- 
son in  charge  of  any  hotel,  boat,  railroad  car,  boarding- 
house,  restaurant,  eating-house,  lunch-counter  or  lunch- 
room who  therein  sells,  uses,  serves,  furnishes  or  disposes 
of  or  uses  in  cooking,  any  oleomargarine,  shall  display  and 
keep  a  white  placard  in  a  conspicuous  place,  Where  the  same 
may  be  easily  seen  and  read,  in  the  dining-room,  eating- 
room,  restaurant,  lunch-room  or  place  where  such  substance 
is  furnished,  served,  sold  or  disposed  of,  which  placard 
shall  be  in  size  not  less  than  ten  by  fourteen  inches,  upon 
which  shall  be  printed  in  black  letters,  not  less  in  size  than 
one  and  a  half  inches  square,  the  words,  "oleomargarine 
sold  and  used  here,"  and  said  card  shall  not  contain  any 
other  words  than  the  ones  above  described,  and  such  pro- 
prietor, keeper,  manager  or  person  in  charge  shall  not  sell, 
serve  or  dispose  of  such  substance  as  for  butter  when  butter 
is  asked  for  or  purported  to  be  furnished  or  served. 

SECTION  4.  The  word  "oleomargarine,"  as  used  in 
this  act,  shall  be  construed  to  mean  any  substance  not  pure 
butter  of  not  less  than  eighty  per  cent,  of  butter  fats, 
which  substance  is  made  as  substitute  for,  in  imitation  of, 
or  to  be  used  as  butter. 

SECTION  5.  Any  manufacturer  who  violates  any  of 
the  provisions  of  this  act  shall,  upon  conviction  thereof,  be 
fined  in  any  sum  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred  dollars ;  and  for  each  subsequent 


ADULTERATION    OF    DAIRY    PRODUCTS.  17 

offense,  in  addition  to  the  above,  fine,  may  be  imprisoned  in 
the  county  jail  not  more  than  ninety  days.  Any  other  per- 
son violating  any  of  the  provisions  of  this  act  shall,  upon 
conviction  thereof,  be  fined  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars. 


AN  ACT 

To  prevent  adulteration  of  and  deception  in  the  sale  of  dairy  prod- 
ucts, and  supplementary  to  Chapter  11,  Title  1,  Part  4,  of  the 
Revised  Statutes. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Ohio,  That  no  person  shall  sell,  expose  or  offer  artificial  dairy 
for  sale  or  exchange,  any  substance  purporting,  appearing,  Products- 
or  represented  to  be  butter  or  cheese,  or  having  the  sem- 
blance of  either  butter  or  cheese,  which  substance  is  not 
made  wholly  from  pure  milk,  or  cream,  salt  and  harmless 
coloring  matter,  unless  it  is  done  under  its  true  name,  and 
each  vessel,  package,  roll  or  parcel  of  such  substance  has 
distinctly  and  durably  painted,  stamped,  stenciled  or  marked 
thereon  the  true  manner  of  such  substance  in  ordinary  bold- 
faced capital  letters,  not  less  than  five-line  pica  in  size,  and 
also  the  name  of  each  article  or  ingredient  used  or  entering 
into  the  composition  of  such  substance,  in  ordinary  bold- 
faced letters,  not  (less)  than  pica  in  size,  or  sell  or  dispose 
of  in  any  manner  to  another  any  such  substance  without 
delivering  with  each  amount  sold  or  disposed  of,  a  label  on 
which  is  plainly  or  legibly  printed  in  ordinary  bold-faced 
capital  letters,  not  less  than  five-line  pica  in  size,  the  true 
name  of  such  substance,  and  also  the  name  of  such  articles 
used  and  entering  into  the  composition  of  such  substance 
in  ordinary  bold-faced  letters,  not  less  than  pica  in  size,  if 
the  same  be  not  made  wholly  from  pure  milk  or  cream,  salt 
and  harmless  coloring  matter;  and  the  words  "butter," 
"creamery,"  or  "dairy,"  or  any  word  or  combination  of 
words  embracing  the  same,  shall  not  be  placed  on  any  ves- 
sel, package,  roll  or  parcel  containing  any  imitation  dairy 
product  or  substance  not  wholly  made  from  pure  milk,  or 
cream,  salt,  and  harmless  coloring  matter. 

SECTION  2.     No  person  or  persons  shall  manufacture  Restrictions 

,          •  1     .  1     .  on  manufac- 

out  ot  any  oleaginous  substance  or  substances,  or  any  com-  ture  of. 
pound  of  the  same  other  than  that  produced  from  unadul- 
terated milk  or  cream,  salt  and  harmless  coloring  matter, 
any  article,  designed  to  be  sold  as  butter  or  cheese  made 
from  pure  milk  or  cream,  salt  and  harmless  coloring  matter. 
Nothing  in  this  section  shall  prevent  the  use  of  pure 
skimmed  milk  in  the,  manufacture  of  cheese. 

SECTION  3.     No  person  or  persons  shall  manufacture, 
mix,  compound  or  add  to  natural  or  pure  milk,  cream,  but-   manufacture, 
ter  or  cheese,  any  animal  fats,  animal,  mineral  or  vegetable 
oils,    nor    shall   any   person   or   persons    manufacture    any   Bates, 
oleaginous  or  other  substance  not  produced  from  pure  milk    (420°-32)- 


18 


ADULTERATION  OF  DAIRY  PRODUCTS. 


Sale    of,    etc. 


Bates, 
<.  4200-33). 

False  brands 
and  labels. 


Bates, 
(4200-34). 


Brands   con- 
tinued. 


Skimmed 
milk,     cheese. 

Bates, 
(4200-35). 


Cards    to    be 
displayed   by 
dealers    in 
artificial  dairy 
products. 


Sale  of  less 
than    original 
package. 


Bates, 
(42rO-36). 


Card   to   be 
displayed   by 
keepers    of 
hotels,    res- 
taurants,   etc. 


or  cream,  salt  and  harmless  coloring  matter,  or  have  the 
same  in  his  possession,  or  offer  or  expose  the  same  for  sale 
or  exchange  with  intent  to  sell  or  in  any  manner  dispose  ot 
the  same  as  and  for  butter  and  cheese  made  from  unadul- 
terated milk  or  cream,  salt  and  harmless  coloring  matter, 
nor  shall  any  substance  or  compound  so  made  be  sold  or 
disposed  of  to  any  one  as  and  for  butter  or  cheese  made 
from  pure  milk  or  cream,  salt  and  harmless  coloring  matter. 

SKCTION  4.  No  person  or  persons  shall  sell,  exchange, 
expose  or  offer  for  sale  or  exchange,  dispose  of  or  have  in 
his  possession  any  substance  or  article  made  in  imitation  or 
resemblance  of,  or  as  a  substitute  for  any  dairy  product 
which  is  falsely  branded,  stenciled,  labeled  or  marked  as  to 
the  place  where  made,  the  name  or  cream  value  thereof,  its 
composition  or  ingredients,  or  in  any  other  respect. 

SECTION  5.  Xo  person  or  persons  shall  sell,  exchange, 
expose  or  offer  for  sale  or  exchange,  dispose  of  or  have  in 
his  possession  any  dairy  food  products  which  are  falsely 
branded,  stenciled,  labeled  or  marked  as  to  the  place  where 
made,  date  of  manufacture,  the  name  or  cream  value  thereof, 
composition  or  ingredients,  or  in  any  other  respect,  ana 
cheese  wholly  made  from  skirmned  milk  shall  have  branded 
upon  the  box  or  can  "made  from  skimmed  milV  7" 

SECTION  o.  Every  person  in  this  state  who  shall  deal 
in,  keep  for  sale,  expose  or  offer  for  sale  or  exchange,  any 
sul >stance  other  than  butter  or  cheese  made  wholly  from 
pure  *milk  or  cream,  salt  and  harmless  coloring  matter, 
which  appears  to  be,  resembles,  or  is  made  in  imitation  of, 
or  as  a  substitute  for  butter  or  cheese,  shall  keep  a  card  not 
less  in  size  than  ten  bv  fourteen  inches,  in  a  conspicuous 
and  visible  place  where  the  same  may  be  easily  seen  ana 
read  in  the  store,  room,  stand,  booth,  wagon  or  place  where 
such  substance  is,  on  which  card  shall  be  printed,  on  a 
white  ground,  in  bold,  black,  Roman  letters,  not  less  in  size 
than  twelve-line  pica,  the  words,  "oleomargarine"  or  "imi- 
tation cheese,"  (as  the  case  may  be),  "sold  here,"  and  said 
card  shall  not  contain  any  other  words  than  the  ones  above 
prescribed ;  and  no  person  shall  sell  any  oleomargarine, 
stiine,  imitation  cheese,  or  other  imitation  dairy  product,  at 
retail  or  in  any  quantity  less  than  the  original  package,  tub 
or  firkin,  unless  he  shall  first  inform  the  purchaser  that  the 
substance  is  not  butter  or  cheese,  but  an  imitation  of  the 
same. 

SECTION  7.  Every  proprietor,  keeper,  or  manager  or 
person  in  charge  of  any  hotel,  boarding  house,  restaurant, 
eating  house,  lunch  counter  or  lunch  room,  who  therein 
sells,  uses  or  disposes  of  any  substance  which  appears  to  be, 
resembles,  or  is  made  in,  or  as  an  imitation  of,  or  is  made 
as  a  substitute  for  butter  or  cheese,  under  whatsoever  name, 
and  which  substance  is  not  wholly  made  from  pure  milk  or 
cream,  salt  and  harmless  coloring  matter,  shall  display  and 
keen  a  card  in  a  conspicuous  place,  where  the  same  may  uc 
easily  seen  and  read  in  the  dining,  eating,  restaurant  and 


ADULTERATION     OF    DAIRY     PRODUCTS.  19 

lunch  room,  and  place  where  such  substance  is  sold,  used, 
or  disposed  of,  which  card  shall  be  white  and  in  size  not 
less  than  ten  by  fourteen  inches  upon  which  shall  be  printed 
in  plain,  bold,  black  Roman  letters,  not  less  in  size  than 
twelve-line  pica,  the  words,  "oleomargarine  sold  and  used 
here,"  or  "imitation  cheese  sold  and  used  here"  (as  the 
case  may  be),  and  said  card  shall  not  contain  any  other 
words  than  the  ones  above  described,  and  such  proprietor, 
keeper,  manager,  or  person  in  charge  shall  not  sell,  furnish, 
or  dispose  of  such  substance  as  and  for  "butter  and  cheese/' 
made  from  pure  milk  or  cream,  salt  and  harmless  coloring 
matter,  when  butter  or  cheese  is  asked  for. 

SECTION  8.     No  person  or  persons  shall  pack,  box,  in-   Bates, 
close,  ship  or  consign  any  substance,  as  butter  or  cheese 
made  from  pure  milk  or  cream,  salt  and  harmless  coloring  Fraudulent 
matter  in  such  a  manner  as  to  conceal  an  inferior  article  by  shlPments- 
placing  a  finer  grade  of  butter  or  cheese  upon  the  surface  of 
the  same. 

SECTION   9.     No  person  or  persons   shall   sell  to  any 
person,  or  deliver,  or  carry,  or  cause  to  be  carried  to  any 
cheese  or  butter  factory  to  be  manufactured,  any  milk  di- 
luted with  water  or  in  any  way  adulterated,  or  from  which  jjjl|j  of  diluted 
any  cream  has  been   taken,   or  milk  commonly   known  as 
"skimmed  milk,"  or  milk  from  which  (the)  part  known  as 
"stoppings"  has  been  withheld  with  the  intent  to  defraud, 
or  keeps  or  renders  any  false  account  of  the  quantity  or   False 
weight  of  milk  furnished  at  or  to  any  factory  for  manufac-  a 
ture  or  sold  to  any  manufacturer. 

SECTION  10.    No  person  or  persons  shall  sell,  exchange, 
or  offer   for  sale  or  exchange,   any  unclean,   impure,   un- 
healthy, unwholesome  milk,  or  sell,  exchange  or  offer  for   impure  and 
sale  or  exchange  as  "pure  milk,"  milk  diluted  with  water  or  skimmed  milk- 
milk  known  as  skimmed  milk. 

SECTION  n.    No  person  or  persons  shall  sell,  exchange, 
expose,  or  offer  for  sale  or  exchange,  have  in  his  possession 
or  dispose   of   in  any   manner,   any  milk   which   is   falsely  MU,    falsely 
branded,  labeled,  marked  or  represented  as  to  grade,  quan-    '     e  •  etc* 
tity  or  place  where  produced  or  procured. 

SECTION  12.  No  person  shall  keep  cows  for  the  pro- 
duction  of  milk  for  any  purpose,  in  a  cramped  or  unhealthy 
condition,  or  feed  them  on  unhealthy  food,  or  upon  food 
that  produces  impure,  unhealthy  or  unwholesome  milk. 

SECTION  13.  No  person  shall  manufacture,  sell,  ex- 
change,  expose  or  offer  for  sale  or  exchange,  any  condensed 
milk,  unless  the  package,  can,  or  vessel  containing  the,  same  Condensed 
shall  be  distinctly  labeled,  stamped,  or  marked  with  its  true  n 
name,  brand,  by  whom  and  under  what  name  made,  and  no 
condensed  milk  shall  be  made,  exchanged,  exposed  or  of- 
fered for  sale  or  exchange,  unless  the  same  be  made  from 
pure,  clean,  healthy,  fresh,  unadulterated  and  wholesome 
milk,  from  which  the  cream  has  not  been  removed,  or  un- 
less the  proportion  of  milk  solids  contained  in  the  con- 
densed milk  shall  be  in  amount  the  equivalent  of  12  per 


20 


MANUFACTURE    AND   SALE    OF    BUTTER. 


Bates, 
(4200-43). 

State   institu- 
tions. 

Bates, 
(4200-44). 

Penalties. 


centum  of  milk  solids  in  crude  milk,  and  of  such  solids,  25 
per  centum  shall  be  fat. 

SECTION  14.  No  butter  or  cheese  not  made  wholly 
from  pure  milk  or  cream,  salt  and  harmless  coloring  matter, 
shall  be  used  in  any  of  the  charitable  or  penal  institutions  of 
the  state. 

SECTION  15.  Any  person  or  persons  violating  any  of 
the  provisions  or  sections  of  this  act  shall,  upon  conviction 
thereof,  be  fined  not  less  than  fifty  or  more  than  two  hun- 
dred dollars  for  the  first  offense,  or  for  each  subsequent  of- 
fense not  less  than  one  hundred  or  more  than  five  hundred 
dollars,  and  be  imprisoned  not  less  than  ten  days  or  more 
than  ninety  days,  or  both. 


AN  ACT 

To    regulate    the    manufacture    and    sale    of    renovated    or    process 
butter,  enacted  April  30th. 


Renovated  or 
process  butter 
defined. 


Sale  prohib- 
ited unless 
branded. 


Branding  ren- 
ovated or  pro- 
cess butter. 


Two    sides    of 
every  tub,  etc. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio  : 

SECTION  i.  No  person,  firm  or  corporation  shall  manu- 
facture for  sale,  offer  or  expose  for  sale,  sell,  exchange  or 
deliver  or  have  in  his  possession  with  the  intent  to  sell,  ex- 
change or  deliver  any  butter  that  is  produced  by  taking  ori- 
ginal packing  stock  butter  or  other  butter,  or  both,  melting 
the  same  so  that  the  butter  fat  can  be  drawn  off  or  extracted, 
mixing  the  said  butter  fat  with  skimmed  milk,  or  milk  or 
cream,  or  other  milk  product,  and  rechurning  or  reworking 
the  said  mixture  ;  nor  shall  any  person,  firm  or  corporation 
manufacture  for  sale,  offer  or  expose  for  sale,  sell,  exchange 
or  deliver,  or  have  in  his  possession  for  any  such  purpose  any 
butter  which  has  been  subjected  to  any  process  by  which  it  is 
melted,  clarified  or  refined,  and  made  to  resemble  butter, 
and  is  commonly  known  as  boiled,  or  cold  extracted  process 
or  renovated  butter,  and  which  for  the  purpose  of  this  act 
is  hereby  designated  as  "renovated"  or  "process  butter," 
unless  the.  same  shall  be  branded  or  marked  as  provided  in 
section  two  of  this  act. 

SECTION  2.  Whoever,  himself  or  by  his  agent,  or  as 
the  servant  or  agent  of  another  person  shall  sell,  expose  for 
sale  or  have  in  his  custody  or  possession  with  intent  to  sell 
any  "renovated"  or  "process  butter,"  as  defined  in  section 
one  of  this  act,  shall  have  the  words  "renovated  butter"  or 
"process  butter"  conspicuously  stamped,  labeled  or  marked 
in  one  or  two  lines  and  in  plain  Gothic  letters,  at  least 
three-eighths  of  an  inch  square,  so  that  the  words  cannot 
be  easily  defaced,  upon  two  sides  of  each  and  every  tub, 
firkin,  box  or  package  containing  said  "renovated"  or  "pro- 
cess butter,"  or,  if  such  butter  is  exposed  for  sale  uncovered 
or  not  in  a  case,  or  package,  a  placard  containing  said  words 
in  the  same  form  as  above  described  in  this  section  shall  be 
attached  to  the  mass  in  such  a  manner  as  to  be  easily  seen 


IMITATION    CHEESE.  21 

and  read  by  the  purchaser.  When  "renovated"  or  "process  ^ge*ail  Pack' 
butter"  is  sold  from  such  package  or  otherwise  at  retail, 
in  print,  roll  or  other  form,  before  being  delivered  to  the 
purchaser,  it  shall  be  wrapped  in  wrappers  plainly  stamped 
on  the  outside  thereof  with  the  words  "renovated  butter," 
or  "process  butter"  printed  or  stamped  thereon  in  one  or 
two  lines,  and  in  plain  Gothic  letters  at  least  three-eighths 
of  an  inch  square,  and  such  wrapper  shall  contain  no  other 
words  or  printing  thereon  and  said  words  "renovated  but- 
ter" or  "process  butter"  so  stamped  or  printed  on  the  said 
wrapper  shall  not  be  in  any  manner  concealed,  but  shall  be 
in  plain  view  of  the  purchaser  at  the  time  of  the  purchase. 

SECTION  3.  Any  one  violating  any  of  the  provisions  Pe«aity. 
of  this  act  shall  for  a  first  offense  be  punished  by  a  fine  of 
not  less  than  fifty  nor  more  than  two  hundred  dollars ;  for 
a  second  offense  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  three  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  or  workhouse  for  not  less  than  thirty  days  nor 
more  than  sixty  days,  or  both. 

SECTION  4.     This  act  shall  take  effect  sixty  days  after 
its  passage. 


Bates, 
(4200-21). 


AN  ACT 

To  prevent  fraud  in  the  manufacture  and  sale  of  imitations  of 
cheese  or  substitutes  for  cheese,  and  to  regulate  the  branding 
of  cheese  in  the  state  of  Ohio. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Branding  of  „ 
the  State  of  Ohio,  That  whoever,  by  himself  or  his  agents,  ande "skimmed 
sells,  exposes  for  sale,  or  has  in  his  possession  with  intent  ""  re~ 
to  sell,  any  article,  substance,  or  compound  made  in  imi- 
tation or  semblance  of  cheese,  or  as  a  substitute  for  cheese, 
and  not  made  exclusively  and  wholly  of  milk  or  cream, 
with  salt,  rennet,  and  with  or  without  harmless  coloring 
matter,  or  containing  any  fats,  oils,  or  grease  not  produced 
from  milk  or  cream,  shall  have  the  words  "filled  cheese/' 
and  all  cheese  made  exclusively  and  wholly  from  milk  or 
cream  with  salt,  rennet,  and  with  or  without  harmless  color- 
ing matter,  and  containing  less  than  thirty  per  cent,  of 
pure  butter  fat,  shall  have  the  words  "skimmed  cheese," 
stamped,  labeled,  or  marked,  in  printed  letters  of  plain, 
uncondensed  Gothic  type,  not  less  than  one  inch  in  length, 
so  that  the  words  cannot  easily  be  defaced,  and  upon  the 
side  of  every  cheese,  cheese  cloth  or  band  around  the  same, 
and  upon  the  top  and  side  of  every  tub,  firkin,  box,  or 
package  containing  any  of  said  article,  substance,  or  com- 
pound. And  in  case  of  retail  sales  of  any  said  article,  sub- 
stance or  compound,  not  in  the  original  package,  the  seller 
shall,  by  himself  or  his  agents,  attach  to  each  package  so 
sold,  and  shall  deliver  therewith  to  the  purchaser,  a  label 
or  wrapper  bearing  in  a  conspicuous  place  upon  the  outside 
of  the  package  the  words  "filled  cheese,"  or  "skimmed 


IMITATION  cn I-;KSI-:. 


Penalty   for 
preceding    sec 
tion. 


Bates, 
(4200-22). 

Intentional 
Deception. 


Penalty   for 
selling   or   of- 
fering imita- 
tion or  substi- 
tute   when 
cheese    called 
for. 


Bates, 

(42*^-23). 


Penalty   for 
selling    or    of- 
fering imita- 
tion or  substi- 
tute   without 
proper  brands 
and  placards. 

Bates. 

(4200-24). 


Posting   of 
placard    at 
place    of    busi- 
ness. 


cheese/'  as  the  case  may  be,  in  printed  letters  of  plain,  un- 
condensed  Gothic  type,  not  less  than  one  inch  in  length. 

SECTION  2,.  Whoever,  by  himself  or  his  agents,  sells, 
exposes  for  sale,  or  has  in  his  possession  with  intent  to  sell, 
any  article,  substance,  or  compound  made  in  imitation  or 
semblance  of  cheese,  or  as  a  substitute  for  cheese,  except 
as  provided  in  section  I  of  this  act,  and  whoever,  with 
intent  to  deceive,  ^defaces,  erases,  cancels  or  removes  any 
mark,  stamp,  brand,  label  or  wrapper  provided  for  in  said 
section,  or  in  any  manner  shall  falsely  label,  stamp,  or  mark 
any  box,  tub,  article,  or  package  marked,  stamped  or  labeled 
as  aforesaid,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  ten  nor  more  than 
thirty  days  for  the,  first  offense,  and  by  a  fine  not  less  than 
one  hundred  nor  more  than  two  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  less  than  twenty  nor  more 
than  sixty  days,  or  both,  for  each  subsequent  offense. 

SECTION  3.  Whoever,  by  himself  or  his  agents,  sells, 
exposes  for  sale,  to  any  person  who  asks,  sends,  or  inquires 
for  cheese,  any  article,  substance,  or  compound  made  in  imi- 
tation or  semblance  of  cheese,  or  as  a  substitute  for  cheese, 
not  made  entirely  from  milk  or  cream,  with  salt,  rennet, 
and  with  or  without  harmless  coloring  matter,  and  contain- 
ing not  less  than  thirty  per  cent,  pure  butter  fat,  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  ten  nor  more  than  thirty  days  for  the  first  offense, 
and  by  a  fine  of  not  less  than  one  hundred  nor  more  than 
two  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  twenty  nor  more  than  sixty  days,  or  both,  for 
each  subsequent  offense. 

SECTION  4.  Whoever,  by  himself  or  his  agents,  sells 
or  offers  for  sale,  any  article,  substance,  or  compound  made 
in  imitation  or  semblance  of  cheese,  or  as  a  substitute  for 
cheese  not  made  entirely  from  milk  or  cream,  with  salt, 
rennet,  and  with  or  without  harmless  coloring  matter,  not 
marked  and  distinguished  by  all  the  marks,  words  and 
stamps  required  by  this  act,  and  not  having  in  addition 
thereto  upon  the  exposed  contents  of  every  opened  tub, 
box,  or  parcel  thereof,  a  conspicuous  placard  with  the  words, 
"filled  cheese,"  or  "skimmed  cheese,"  as  the  case  may  be, 
printed  thereon  in  plain,  uncondensed  letters,  not  less  than 
one  inch  long,  shall  be  punished  by  a  fine  not  less  than  fifty 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  ten  nor  more  than  thirty  days 
for  the  first  offense,  and  by  a  fine  of  not  less  than  one  hun- 
dred nor  more,  than  two  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  less  than  twenty  nor  more  than  sixty 
days,  or  both,  for  each  subsequent  offense. 

SECTION  5.  Whoever,  by  himself  or  his  agents,  sells 
"filled  cheese,"  or  "skimmed  cheese,"  or  any  substance 
made  in  imitation  or  semblance  of  cheese,  or  as  a  substi- 
tute for  cheese,  not  made  entirely  from  milk  and  cream, 


IMITATION    CHEESE.  23 


with  salt,  rennet,  and  with  or  without  harmless  coloring 
matter,  from  any  dwelling,  store,  office,  or  public  mart,  shall 
have  conspicuously  posted  thereon  the  placard  or  sign,  in 
letters  not  less  than  four  inches  in  length  ''filled  cheese  sold 
here,"  or  ''skimmed  cheese  sold  here,"  as  the  case  may  be. 
Any  person  neglecting  or  failing  to  post  the  placard  herein  *™&  for 
provided  for  shall  be  punished  by  a  fine  of  one  hundred 
dollars  for  the  first  offense,  and  by  a  fine  of  one  hundred 
dollars  for  each  day's  neglect  thereafter. 

SECTION  6.    Whoever,  by  himself  or  his  agents  peddles, 
.sells,  solicits  orders  for  the  future  delivery  of,  or  delivers  placard  sides 
from   any  cart,   wagon,   or  other  vehicle,   upon   the  public  ° 
streets  or  ways,   "filled  cheese,"  or  "skimmed  cheese,"  or   Bates, 
any   substance  made   in  imitation   or  semblance  of  cheese,    ( 
or  as  a  substitute  for  cheese,  not  made  entirely  from  milk 
or  cream,  with  salt,  rennet,  and  with  or  without  harmless 
coloring   matter,    not   having   on   both    sides   of    said    cart, 
wagon,  or  other  vehicle,  the  placard  in  uncondensed  Gothic 
letters,  not  less  than  three  inches  in  length,  "filled  cheese," 
or  "skimmed  cheese,"   shall  be  punished  by  a  fine  of  not 
less  than  fifty  nor  more  than  one  hundred   dollars  or  by 
imprisonment  in  the  county  jail  not  less  than  ten  nor  more 
than  thirty  days  for  the  first  offense,  and  by  a  fine  of  not 
less  than   one   hundred  nor  more  than  two  hundred   dol- 
lars and  by  imprisonment  in  the  county  jail  not  less  than 
twenty  nor  more  than  sixty  days,  or  both,  for  each  subse- 
quent offense. 

SECTION  7.     Whoever,  by  himself  or  his  agents,  fur-  ^2JJe  Or°  pat. 
nishes,  or  causes  to  be  furnished,  in  any  hotel,  restaurant,  or  ron  of  hotel, 
at  any  lunch  counter  "filled  cheese,"  or  "skimmed  cheese,"  SSSS&S. 
or  any  substance  made  in  imitation  or  semblance  of  cheese, 
or  as  a  substitute  for  cheese,  not  made  entirely  from  milk  ?**,£?•  7% 
or  cream,  with  salt,  rennet,  and  with  or  without  harmless 
coloring  matter,  to  any  guest  or  patron  of  said  hotel,  res- 
taurant, or  lunch  counter,  in  the  place  or  stead  of  cheese, 
shall  notify  said  guest  or  patron  that  the  substance  so  fur- 
nished is  not  cheese,  and  any  person  so  furnishing  without 
said  notice,  shall  be  punished  by  a  fine  of  not  less  than  ten   Penalty  for 
or  more  than  fifty  dollars  for  each  offense. 

SECTION  8.     Every  manufacturer  of  full  milk  cheese  ?/a"din.f,  of 

..  ,    .      ,.         full  milk 

may  put  a  brand  upon  each  cheese  so  manufactured  indi-  cheese." 
eating  "full   milk   cheese,"  with   the  date   and  year   when 
made,    and   no  person   shall   use   such    a   brarid   upon   any  Bates, 
-cheese  made  from  milk  from  which  any  of  the  cream  has   (420C 
rjeen  taken.     The  food  and  dairy  commissioner  shall  pro- 
cure and  issue  to  the  cheese  manufacturers  of  the  state,  upon 
proper  application,  which  application  shall  be  made  on  or 
Before  the  first  day  of  April,  1896,  and  on  or  before  the  first 
day  of  April  of  each  year  thereafter,  and  under  such  regu- 
lations as  t  othe  custody  and  use  thereof,  'as  he  may  describe, 
a  uniform  stencil  brand  bearing  a  suitable  device  or  motto,   grand  for^ 
and  the  words  "Ohio  state  full  cream  cheese."    Every  such   full  'cream*5 
rjrand  shall  be  used  upon  the  outside  of  the  cheese,  cheese  cheese-" 
cloth  or  band  around  the  same,  and  upon  the  box  or  pack- 


ADULTERATION    OF    \V1XES INTOXICATING    LIQUORS. 


Register   of 
user. 


Restriction 
upon   use 
"pure  skimmed 
cheese." 


Fee   for  regis- 
tration. 


Penalty  for 
violation  of 
section. 


Bates, 
(4200-29). 


age  containing"  the  same,  and  shall  bear  a  separate  number 
for  each  separate  factory.  The  said  commissioner  shall 
keep  a  book  in  which  shall  be  registered  the  name,  location,, 
and  number  of  each  manufacturer  using  the  brand,  and  t 
name  or  names  of  the  person  or  persons  in  each  factory 
authorized  to  use  the  same.  No  such  brand  shall  be  used 
upon  any  other  but  full  cream  cheese  or  packages  contain- 
ing the  same ;  provided,  that  nothing  in  this  section  shall 
be  construed  to  prohibit  the  manufacture  and  sale  of  pure 
skimmed  cheese  made  from  milk  that  is  clean,  pure,  healthy, 
wholesome  and  unadulterated  except  by  skimming.  The 
commissioner  shall  receive  a  fee,  of  one  dollar  for  each  regis- 
tration according  to  the  provisions  of  this  section,  such  fee 
to  be  paid  by  the  person  applying  for  such  registration. 
Whoever,  by  himself  or  his  agents,  violates  any  of  the 
provisions  of  this  section,  shall  be  punished  by  a  fine  of  not 
less  than  fifty  nor  more  than  one  hundred  dollars  or  by  im- 
prisonment in  the  county  jail  not  less  than  ten  nor  more 
than  thirty  days  for  the  first  offense,  and  by  a  fine,  of  not 
less  than  one  hundred  nor  more  than  two  hundred  dollars 
or  by  imprisonment  in  the,  county  jail  not  less  than  twenty 
nor  more  than  sixty  days,  or  both,  for  each  subsequent 
offense. 

SECTION  9.     The  word  "person,"  as  used  in  this  act 
shall  include  persons,  corporations  and  companies. 


Domestic 
wines. 


AN  ACT 

To  prevent  adulteration  of  domestic  \vr.K-s. 

Sec.  7081  R.  S.  Whoever  adulterates  any  wine  made, 
or  juice  expressed,  from  grapes  grown  within  the  state  of 
Ohio,  by  mixing  therewith  any  drugs,  chemicals,  cider, 
whiskey,  or  other  liquor,  and  whoever  sells,  or  offers  to  sell, 
any  such  adulterated  wine  or  grape  juice,  knowing  the  same 
to  be  adulterated,  shall  be  fined  in  any  sum  not  more  than, 
three  hundred  dollars,  nor  less  than  fifty  dollars. 


Adulterating 
or   selling 
adulterated 
liquors. 


AN  ACT 

To  prevent  adulteration  and  fraud  in  the  manufacture  and  sale  of 
intoxicating  liquors. 

Sec.  7082.  Whoever  adulterates,  for  the  purpose  of 
sale,  any  spirituous,  alcoholic  or  malt  liquors  used  or  in- 
tended for  drink,  or  medical  or  mechanical  purposes,  with 
coculus-indicus,  vitriol,  grains  of  paradise,  opium,  alum, 
capsicum,  copperas,  laurel  water,  logwood,  Brazil-wood, 
cochineal,  sugar  of  lead,  aloes,  glucose,  tannic  acid,  or  any 
other  substance  which  is  poisonous  or  injurious  to  health, 
or  with  any  substance  not  a  necessary  ingredient  in  the 


\\IXKS — PURE   COMPOUNDED,   ADULTERATED.  25- 

manufacture  thereof ;  and  whoever  sells  or  offers  or  keeps 
for  sale  any  such  liquors  so  adulterated,  shall  be  fined  in 
any  sum  not  less  than  twenty  nor  more  than  one  hundred 
dollars,  or  be  imprisoned  not  less  than  twenty,  nor  more 
than  sixty  days,  or  both,  at  the  discretion  of  the  court.  And 
any  person  guilty  of  violating  any  of  the  provisions  of  this 
section,  shall  be  adjudged  to  pay,  in  addition  to  the  penal- 
ties hereinbefore  provided  for,  all  necessary  costs  and  ex- 
penses incurred  in  inspecting  and  analyzing  any  such  adul- 
terated liquors  of  which  said  party  may  have  been  guilty 
of  adulterating,  or  selling,  or  keeping  for  sale,  or  offering 
for  sale. 

Sec.   7083.     Whoever   uses   any  active   poison   in   the  Manufacture.. 
manufacture  or  preparation  of  any  intoxicating  liquor,  or 
sells  in  any  quantity  any  intoxicating  liquor  so  manufac- 
tured or  prepared,  shall  be  imprisoned  in  the  penitentiary 
not  more  than  five  years,  nor  less  than  one  year. 

Sec.  6949.  Whoever,  being  engaged  in  the  manufac-  ?ring  ofr 
ture  and  sale  of  intoxicating  liquors,  fails  to  brand  on  each 
package  containing  the  same  the  name  of  the  person  or 
company  manufacturing,  rectifying,  or  preparing  the  same, 
and  also  the  words  "containing  no  poisonous  drugs,  or  other 
added  poison,"  shall  be  fined  not  more  than  one  thousand 
dollars,  and  imprisoned  not  more  than. six  months  nor  less 
than  one  month. 


AN  ACT 

To  define  pure  wines,  compounded  wines  and  adulterated  wines, 
and  to  regulate  the  manufacture  and  sale  of  compounded 
wines,  and  to  prohibit  the  manufacture  or  sale  of .  adulterated 
wines  within  the  state  of  Ohio. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Ohio.  That  all  liquors  denominated  as  wine 
containing  alcohol,  "except  such  as  shall  be  produced  by 
natural  fermentation  of  pure,  undried  grape- juice,"  or  com- 
pounded  with  distilled  spirits,  or  by  both  methods,  whether 
denominated  as  wine,  or  by  any  other  name  whatsoever, 
in  the  nature  of  articles  for  use  as  beverages,  except  as 
allowed  in  section  four  of  this  acl^  or  for  compounding 
with  other  liquors  for  such  use,  and  all  compounds  of  the 
same  with  pure  wine,  and  all  preserved  fruit-juices  com- 
pounded with  substances  not  produced  from  undried  fruit, 
in  character  of,  or  intended  for  use  as  beverages,  and  all 
wines  (including  all  grades  and  kinds)  which  contain,  or 
in  the  production  or  manufacture  of  which,  any  glucose, 
or  uncrystallized  grape  or  starch  sugar,  or  cider,  or  pomace 
of  grapes  out  of  which  the  juice  has  be.en  pressed  or  ex- 
tracted, known  as  grape  cheese,  has  been  used,  and  all 
wines,  imitation  of  wines  or  other  beverages  produced  from  ingredients 
fruit  into  which  carbonic  acid  gas  has  been  artificially  in-  j^^nls  ISd 
jected.  or  which  shall  contain  any  alum,  baryta,  salts,  caustic  beverages  pro 
lime,  carbonate  of  soda,  carbonate  of  potash,  carbonic  acid,  f"uitd  fr°m 


WINES PURE    COMPOUNDED,    ADULTERATED. 


Penalty    for 
manufacturing 
•or   selling. 


Defining  "pure 
wine." 


Bates, 
(4200-57). 


Must  be 
'branded. 


Invoiced 
""pure  wine.' 

"Wine"    de- 
fined. 

^ates, 
•(4200-58). 


salts  of  lead,  salicylic  acid  or  any  other  antiseptic,  coloring 
matter  (other  than  produced  from  undried  fruit  or  pure 
sugar),  essence  of  ether  or.  any  foreign  substance,  what- 
ever, which  is  injurious  to  health,  shall  be  denominated 
as  adulterated  wine,  and  any  person  or  persons  who  shall 
manufacture,  or  cause  the  same  to  be,  done,  with  intent  to 
sell,  or  shall  sell  or  offer  to  sell,  any  such  wine  or  beverage, 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
a  fine  of  not  less  than  two  hundred  dollars,  or  more  than  one. 
thousand  dollars,  or  be  imprisoned  in  the  county  jail  for  a 
term  of  not  less  than  thirty  days  or  more  than  six  months,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court,  and  shall  be  liable  to  a  penalty  of  one  dollar  for  each 
gallon  thereof  sold,  offered  for  sale,  or  manufactured  with 
intent  to  sell,  and  such  wine  or  beverage  shall  be  deemed  a 
public  nuisance  and  forfeited  to  the  state,  and  shall  be  sum- 
marily seized  and  destroyed  by  any  health  officer,  marshal, 
constable  or  sheriff,  within  whose  jurisdiction  the  same 
shall  be  found,  and  the  reasonable  expense  of  such  seizure 
and  destruction,  not  exceeding  the  amount  paid  for  similar 
services,  shall  be.  a  county  charge,  and  paid  out  of  the  county 
treasury  in  the  same  manner  as  costs  in  criminal  cases,  where 
the  state  fails  to  convict,  are  now  allowed  and  paid  out  of 
such  treasury. 

SECTION  2.  For  the  purpose  of  this  act  the  words 
"pure,  wine"  shall  be  understood  to  mean  the  fermented 
juice  of  the  undried  grapes,  without  the  addition  thereto  of 
water,  sugar,  or  any  foreign  substance  whatever;  and  all 
such  wines  shall  be  known  as  "pure  wine,"  and  shall  be 
stamped,  branded,  labeled,  designated  and  sold  as  "pure 
wine,"  and  the  name  and  kind  of  wine,  and  that  of  the 
locality  where  such  wine  is  made,  and  of  the  manufacturer, 
may  also  be  added ;  and  it  shall  be  unlawful  to  affix  any 
stamp,  brand  or  label  containing  the  words  "pure  wine." 
(either  alone  or  with  other  words)  on  any  vessel,  package, 
bottle  or  other  receptacle  containing  any  substance  other 
than  pure  wine  as  in  this  section  defined,  or  to  prepare,  or 
use  on  any  vessel,  package,  bottle  or  other  receptacle  con- 
taining any  liquid,  any  imitation  or  counterfeit  of  such 
stamp,  label  or  brand,  or  any  stamp,  label  or  brand  of  such 
form  and  appearance  as  to  be  calculated  to  mislead  or  de- 
ceive any  person,  or  "cause  to  be  supposed  that  the  con- 
tents thereof  be  pure  wine,  or  to  use  any  vessel,  package, 
bottle,  or  other  receptacle,  having  such  stamp,  brand  or  label 
affixed  thereon,  except  for  pure  wine,  as  in  this  section  de- 
fined ;  and  if  the  name  of  the  manufacturer  is  added,  then 
only  of  such  manufacturer's  make,  providing  the  same  is 
pure,  wine ;  and  any  person  selling  such  wine  shall  in  the 
invoice  thereof  plainly  state  and  designate  the  same  as 
"pure  wine." 

SECTION  3.  For  the  further  purpose  of  this  act  the 
word  "wine"  shall  be  understood  to  mean  the  fermented 
juice  of  undried  grapes;  provided,  however,  that  the  addi- 
tion of  pure  white  or  crystallized  sugar  to  perfect  the  wine, 


WINES — PURE   COMPOUNDED,   ADULTERATED. 


J,nx°ic?,d 


fined. 


or  the,  using  of  the  necessary  things  to  clarify  and  refine  the 

wine  which  are  not  injurious  to  health,  shall  not  be  con- 

strued as  adulterations,  but  such  wine  shall  contain  at  least 

seventy-five  per  cent,  of  pure  grape  juice,  and  shall  not  con- 

tain any  artificial  flavoring  whatever;  and  all  such  "wine" 

shall  be  known  as  "wine,"  and  shall  be  stamped,  branded,   Branding. 

labelled  and  sold  as  "wine,"  in  the  same  manner  as  is  pro- 

vided in  section  two  of  this  act  in  case  of  pure  wine,  except 

the  words  in  this  case  shall  be  "wine"  without  the  prefix 

"pure;"  and  all  the  provisions  of  said  section  two,  as  far  as 

applicable,  shall  govern  the  manufacture  and  sale  of  "wine" 

as   in   this   section   defined.     And   any  person   selling  such 

wine  shall  in  the  invoice  thereof  plainly  state  and  designate 

the  same  as  "wine"  without  using  the,  prefix  "pure." 

SECTION  4.     For  the  further  purpose  of  this  act,  the 

words   "compounded  wine"   shall   be   understood   to  mean 

ury  wine  which  contains  less  than  seventy-five  per  cent,  of 

pure   undrie.d  grape-  juice,   and   is  otherwise  pure,   and  all 

wines  containing  alcohol  or  any  other  distilled  spirits  not 

produced    by    the    natural    fermentation    of    pure    undried 

grapes,  such  wine  shall  be  known  as  compound  wine,  and 

shall  be  branded,  marked,  labeled  and  sold  as  compounded   Branding.. 

wine,  and  the  name  of  such  wine  may  be  added,  or  such 

wine  shall  be  branded,  labeled  and  marked  by  using  the 

word    "compounded"    next    preceding    the    name    of    such 

wine,    such    as    "compounded    sweet    catawba,"    or    "com- 

pounded port  wine,"  or  the  like   (and  an  addition  of  pure 

distilled  spirits  not  to  exceed  eight  per  cent,  of  its  volume 

shall  not  be  taken  to  be  an  adulteration  of  such  wine)  ;  and 

upon  each  and  every  package,  barrel  or  other  receptacle  of 

such   wine,   which   shall   contain   more  than   three   gallons, 

there  shall  be  stamped  upon  both  ends  of  such  package,. 

barrel  or  other  receptacle,  in  black  printed  letters  at  least 

one  inch  high  and  of  proper  proportion,  the  words  "com- 

pounded wine,"  or  the  name  of  such  wine,  preceded  by  the 

word  "compounded"  as  in  this  section  provided,  and  upon 

all  packages  or  receptacles  which  shall  contain  more  than 

one  quart  and  up  to  three  gallons,  there  shall  be  stamped 

upon  each  of  said  packages  or  receptacles  in  plain,  printed. 

black  letters,  at  least  one-half  inch  high,  and  of  proper  pro- 

portion,  the   words   "compounded   wine,"   or   the  name   of 

such  wine,  preceded  by  the  word  "compounded,"  as  in  tfiis 

section  provided,  and  upon  all  packages,  bottles  or  other  re- 

ceptacles of  one  quart  or  less,  there  shall  be  placed  a  label' 

securely  pasted  thereon,  on  which  label  the  words   "com- 

pounded wine,"  or  the  name  of  the  wine  preceded  by  the 

word  "compounded,"  shall  be  plainly  printed  in  black  letters 

at  least  one-  fourth  of  an  inch  high  and  of  proper  proportion. 

Should  any  number  of  such  packages  or  other  receptacles 

be  inclosed  in  a  larger  package,  as  a  box,  barrel,  case  or 

basket,  such  outside  package  shall  also  receive  the  stamp  > 

"compounded  wine,"  or  the  name  of  such  wine,  preceded  by 

the  word  "compounded,"  the  letters  to  be  the  size  according 

to  the  amount  of  such  wine  contained'  in:  such  outside  pack- 


WINES PURE    COMPOUNDED,   ADULTERATED. 


Invoiced 

"Compounded 

-wine/ 


Penalty  for 
violating  this 


Duty   of   pros- 
ecuting at- 
itorney. 


age.  And  any  person  selling  wine  of  the  kind  in  this  section 
denned,  shall  in  the  invoice  thereof  plainly  state  and  desig- 
nate such  wine  as  "compound  wine." 

SECTION  5.  Any  person  or  persons  who  shall  sell  cr 
offer  for  sale,  or  manufacture  or  cause  the  same  to  be  done, 
with  intent  to  sell  any  wine  stamped  or  labeled,  or  branded, 
or  designated  in  any  manner  as  "pure,  wine,"  either  by  in- 
cluding the  word  ''pure"  with  "wine"  alone  or  in  connec- 
tion with  other  words,  which  is  not  "pure  wine,"  as  is  in 
section  two  of  this  act  defined,  or  any  wine  stamped,  or  la- 
beled or  branded,  or  in  any  manner  designated  as  "wine," 
but  which  is  not  wine  as  in  section  three  of  this  act  defined, 
or  shall  violate  any  provisions  of  said  sections  two  and  three 
of  this  act,  or  shall  sell  or  offer  for  sale,  or  manufacture, 
or  cause  the  same  to  be  done,  with  intent  to  sell  any  wine  of 
the  kind  and  character  as  described  in  the  fourth  section  of 
this  act,  which  shall  not  be  stamped,  marked  or  labeled, 
after  the  manner  and  mode  therein  prescribed,  or  which  is 
falsely  stamped,  or  marked,  or  labeled,  such  person  or  per- 
sons shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  or  more  than 
one  thousand  dollars  for  each  and  every  offense,  or  by  im- 
prisonment in  the  county  jail  not  less  than  thirty  days  or 
more  than  six  months,  or  both  fine  and  imprisonment,  in 
the  discretion  of  the  court,  and  in  addition  therein  shall  be 
liable,  to  a  penalty  of  one-half  dollar  for  each  gallon  thereof 
sold,  offered  for  sale,  or  manufactured  with  intent  to  sell  or 
offer  for  sale.  All  penalties  imposed  by  this  act  may  be 
recovered  with  costs  of  action  by  any  person  in  his  own 
name,  before  any  justice  of  the.  peace  in  the  county  where 
the  offense  was  committed,  where  the  amount  does  not  ex- 
ceed the  jurisdiction  of  such  justice;  and  such  penalties  may 
be  recovered  in  the  like  manner  in  any  court  of  record  in 
the  state,  but  on  the  recovery  by  the  plaintiff  in  such  case 
for  a  sum  less  than  fifty  dollars,  the  plaintiff  shall  only  be 
entitled  to  costs  to  amount  equal  to  the  amount  of  such  re- 
covery. It  shall  be  the  duty  of  the  prosecuting  attorney  of 
the  respective  counties  of  this  state,  and  they  are  hereby 
required  to  prosecute  or  commence  action  in  the  name  of 
the  state  of  Ohio  for  the  recovery  of  the  penalties  allowed 
herein,  upon  receiving  proper  information  thereof,  and  in 
actions  brought  by  such  prosecuting  attorney,  one-half  of 
the  penalty  recovered  shall  belong  to  and  be  paid  over  to 
the  person  or  persons  giving  the  information  upon  which 
the  action  is  brought,  and  the  other  one-half  shall  be  paid 
to  the  treasurer  of  the  county  in  which  the  action  is  brought, 
within  thirty  days  from  the  time  of  its  collection,  and  such 
money  shall  be  placed  to  the  credit  of  the  poor  fund  of  the 
town,  city  or  township  in  which  the  cause  of  action  arose, 
after  paying  therefrom  a  reasonable  attorney  fee  to  the 
prosecuting  attorney  prosecuting  such  suit,  to  be  fixed  and 
allowed  by  the  court  trying  such  cause.  All  judgments  re- 
covered in  pursuance  of  the  provisions  of  this  act,  with  in- 
terest thereon,  may  be  collected  and  enforced  by  the  same 


ADULTERATION     OF    FLAXSEED    AND    LINSEED    OIL.  29 

means  and  in  the  same  manner  as  judgments  in  other  cases. 
Two  or  more  penalties  may  be  included  in  the  same  action. 
SECTION  6.  The  provisions  of  this  act  shall  not  apply 
'to  medicated  wines,  such  as  are  put  up  and  sold  for  me- 
dicinal purposes  only;  nor  to  currant  wine  or  other  wines 
made  from  fruits  other  than  grapes,  which  are  plainly  la- 
beled, or  branded,  or  designated  and  sold,  or  offered  for 
•sale  under  names  including  the.  word  wine,  but  also  express- 
ing distinctly  the  fruit  from  which  they  are  made,  as  "goose- 
berry wine/'  "elderberry  wine,"  or  the  like. 


AX  ACT 

"To  prevent  the  adulteration  of  and  deception  in  the  sale  of  flaxseed 
or  linseed  oil,  as  amended  April  Gfh.  1908. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

SECTION  i.     That  no  person,  firm  or  corporation  shall   Sec.  (4200-46). 
manufacture  for  sale,  offer  or  expose  for  sale,  in  this  state, 
-any  so-called  "raw  flaxseed  or  linseed  oil"  unless  the  same   Raw  linseed 
is   wholly  obtained  from  the  seeds   of  the  flax  plant  and   Ol1' 
unless  the  same  fulfills  all  the  requirements  recognized  by 
"the  latest  revision  of  the  United  States  Pharmacopoeia  of- 
ficial at  the  time  of  the  sale  in  question,  or  any  so-called 
"boiled  linseed  oil"  unless  the  same  shall  have  been  pre- 
pared by  heating  pure  raw  linseed  oil  to  a  temperature  of   standard. 
225   degrees  Fahrenheit,   and  incorporating  not  to  exceed 
four  per  cent,  by  weight  of  dryer.     And  for  the  purpose  of 
this  act  it  shall  also  be,  deemed  a  violation  hereof  if  boiled   Boikd  Unseed 
linseed  oil  does  not  conform  to  the  following  requirements: 
ist.     Its  specific  gravity  at  60  degrees  Fahrenheit  must  be   standard, 
not  less  than  0.935  and  n°t  greater  than  0.945.     2nd.     Its 
saponification  value   (Koettstorfer  figure)  must  not  be  less 
than   1 86.     3d.     Its  iodine  number  must  not  be  less  than 
1 60.     4th.     Its  acid  value  must  not  exceed  10.     5th.     The 
volatile  matter  expelled  at  212  degrees  Fahrenheit  must  not  ' 
exceed  one-half  of  one  per  cent.  •  6th.     No  mineral  oil  shall 
be  present,  and  the  amount  of  unsaponifiable  matter  as  de- 
termined by  standard  methods  shall  not  exceed  2.5  per  cent. 
7th.     The  film  left  after  flowing  the  oil  over  glass  and  al- 
lowing it  to  drain  in  a  vertical  position  must  dry  free  from 
tackiness  in  not  to  exceed  twenty  hours,  at  a  temperature  of 
about  70  degrees  Fahrenheit. 

SECTION  2.     That  no  person,  firm  or  corporation  shall   Brandin&-     . 
sell,  expose  or  offer  for  sale  any  flaxseed  or  lins-eed  oil  un-   Sec.   (4200-47.) 
less  it  is  done  under  its  true  name,  and  each  tank  car,  tank, 
barrel,   keg  or  any  vessel   of   such   oil   has   distinctly  and 
durably  painted,  stamped,  stenciled  or  marked  thereon  the 
true  name  of  such  oil  in  ordinary  bold  faced  capital  letters, 
not  less  than  five  lines  pica  in  size,  the  words,  "Pure,  Lin- 
•seed  Oil — Raw,"  "Pure  Linseed  Oil — Boiled,"  and  the  name 
:and  address  of  the  manufacturer  thereof. 


30 


\\MIITE    LEA];,    PAINTS,    MIXED    PAINTS,    ETC, 


Penalty. 

Sec.    (4200-48). 


Dairy    &    food 
commissioner 
enforces    law. 

Sec.     (4200-49). 


SECTION  3.  That  any  person,  firm  or  corporation  who 
shall  sell  without  any  stamp  as  required  by  this  act,  or  who- 
shall  falsely  stamp  or  label  such  tank  cars,  tanks,  barrels, 
kegs,  cans  or  other  vessels  containing  flaxseed  or  linseed 
oil,  or  knowingly  permit  such  stamping  or  labeling,  or  who- 
ever shall  violate  any  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  punished  with  a  fine  of  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars 
or  imprisoned  not  less  than  thirty  days  nor  more  than  ninety 
days,  or  both,  for  each  offense. 

SECTION  4.  It  is  hereby  made  the  duty  of  the  food 
and  dairy  commissioner  of  the  state  to  see  that  the  pro- 
visions of  this  act  are  enforced  and  grand  juries  are  in- 
structed to  take  cognizance  of  cases  the  same  as  for  where 
crimes  are  charged. 


Paint   to   be 
labeled. 


"Paint' 

fined. 


de- 


What   label 
shall  show. 


Net  measure 
«r  net  weight. 


AX   ACT 

Requiring  manufacturers  and  distributors  to  label  white  lead,  paints, 
mixed  paints,  and  similar  compounds. 

(Enacted  April  14th,  1908). 
/>Y  //  enacted  h\  the  (Jcncnil  Assembly  of  the  State  of  Ohio: 

SECTION  i.  X<>  person,  firm  or  corporation  shall  expose 
for  sale  or  sell  within  this  state  any  paint,  turpentine  or  lin- 
seed oil.  which  is  labeled  or  marked  in  any  manner  so  as  to 
tend  to  deceive  the  purchaser  as  to  its  nature  or  composi- 
tion, or  which  is  not  accurately  labeled  as  hereinafter  re- 
quired. 

SECTION  2.  The  term  "paint"  as  used  in  this  act  shall 
include  oxide  of  zinc,  red  lead,  and  white  lead,  dry  or  in  any 
kind  of  oil,  and  any  compound  intended  for  the  same  use,. 
colors  ground  in  oil,  paste  or  semi-paste  paint,  and  liquid 
or  mixed  paint  ready  for  use. 

SECTION  3.  The  label  required  by  this  act  shall  clearly 
and  distinctly  state  the  name  and  residence  of  the  manufac- 
turer of  the  paint,  or  of  the  distributor  thereof,  or  of  the 
party  for  whom  the  same  is  manufactured,  and  show  the 
name  and,  with  substantial  accuracy,  the  percentage  of  each 
ingredient  both  solid  and  liquid  contained  therein.  In  the 
case  of  paint  other  than  white  paint  where  more  than  one 
coloring  material  is  used,  the  several  coloring  materials  may 
be  shown  by  their  combined  percentage,  in  which  case  it 
shall  be  necessary  to  state  the  description  or  trade  name,, 
and  with  substantial  accuracy,  the  chemical  analysis  of  each 
of  such  constituent  coloring  materials.  Said  label  shall  be 
printed  in  the  English  language  in  plain  legible  type  in  con- 
tinuous list  with  no  intervening  matter  of  any  kind. 

SECTION  4.  The  label  on  all  paint  sold  by  measure  shall 
show  the  net  measure  of  the  contents  of  the  container,  and 
on  all  paint  sold  by  weight,  the  net  weight  of  the  contents 
of  the  package. 


WHITE   LEAD,    PAINTS,    MIXED   PAINTS,    ETC. 


31 


of  jobbers  and 
i,eaiS.  Jar 


Prima   facie 
case. 


Enforcement. 


Inspection   of 
places  of  busi- 
ness, etc. 


SECTION  5.  The  provisions  of  this  act  shall  not  apply 
to  any  articles  hereinbefore  described  which  are  in  the  state 
in  the  hands  of  jobbers  and  dealers  at  the  time  that  this  act 
takes  effect.  An  inventory  of  all  paints  manufactured  prior 
to  January  i,  1909,  and  in  the  hands  of  jobbers  and  dealers  inventory. 
of  the  state  on  that  date  shall  be  made  under  oath  by  the 
person  having  such  goods  and  filed  with  the  dairy  and  food 
commissioner  of  the  state. 

SECTION  6.  The  having  in  possession  by  any  person, 
firm  or  corporation  dealing  in  said  articles,  any  articles  or 
substances  hereinbefore  described  and  improperly  marked 
or  not  accurately  labeled,  as  provided  in  this  act,  shall  be 
considered  prima  facie  evidence  that  the  same  is  kept  by 
such  person,  firm  or  corporation,  in  violation  of  the  pro- 
visions of  this  act  and  punishable  under  it. 

SECTION  7.  The  dairy  and  food  commissioner  of  the 
state  is  charged  with  the  proper  enforcement  of  all  of  the 
provisions  of  this  act. 

SECTION  8  The  said  commissioner  and  his  assistants, 
experts,  chemists  and  agents  shall  be  duly  authorized  for  the 
purpose  and  shall  have  access  and  ingress  to  all  the  places 
of  business,  stores  and  buildings  used  for  the  sale  of  paint, 
turpentine  or  linseed  oil.  They  shall  also  have  power  of 
authority  to  open  any  package,  can,  jar,  tub  or  other  re- 
ceptacle containing  articles  that  may  be  sold  or  exposed  for 
sale  in  violation  of  the  provisions  of  this  act.  The  inspect- 
ors, assistants  and  chemists  appointed  by  the  state  dairy  and 
food  commissioner  shall  perform'  the  same  duties  and  have 
the  same  authority  under  this  act  as  are  prescribed  by  di- 
vision II,  Title  III,  Chapter  18,  part  first  of  the  Revised 
Statutes  of  Ohio.  The  state  ,  dairy  and  food  commissioner 
shall  from  time  to  time  publish  bulletins  giving  the  result 
of  inspection  and  analyses  together  with  such  additional  in- 
formation as  he  may  deem  suitable. 

SECTION  9.  Whoever  violates  any  of  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor  and  for  the  first 
offense  shall  upon  conviction  thereof  be  punished  by  a  fine 
of  not  more  than  $50,  and  for  each  subsequent  offense  by  a 
fine  of  not  less  than  $50  and  not  more  than  $100,  or  by  im- 
prisonment for  not  less  than  thirty  days,  nor  more  than  one 
hundred  days,  or  both,  for  each  offense. 

SECTION  10.  This  act  shall  take  effect  and  be.  in  force 
from  and  after  January  i,  1909. 


Authority 
same  as  in 
food  and  drug 
work. 


Penalty. 


PROCEDURE. 

Sec.  37180.  Any  justice  of  the  peace,  police  judge,  or 
mayor  of  any  city  or  village,  shall  each  have  jurisdiction 
within  his  county,  in  all  cases  of  violation  of  the  laws  to 
prevent  the  adulteration  of  food  and  drink,  the.  adulteration 
or  deception  in  the  sale  of  dairy  products,  or  any  other 
foods,  and  drugs  and  medicines,  and  any  violation  of  the  law 
for  the  prevention  of  cruelty  to  animals  or  children,  or  under 
sections  3140-2,  4364-24,  4364-25,  6984,  69840  of  the  Re- 


32  WHITE    LEAD,    PAINTS,    MIXED    PAINTS,    ETC. 

vised  Statutes  of  Ohio.  In  any  such  prosecution  where 
imprisonment  may  be  a  part  of  the  punishment,  if  a  trial 
jury  trial.  by  jury  be  not  waived,  the  said  justice  of  the  peace  shall, 
not  less  than  three,  nor  more  than  five  days  before  the  time 
fixed  for  trial,  certify  to  the  clerk  of  the  court  of  common 
pleas  of  his  county  that  such  prosecution  is  pending  before 
him.  Thereupon  said  clerk  shall  proceed  to  draw,  in  the 
presence,  of  representatives  of  both  parties,  from  the  jury 
wheel  or  box  containing  the  names  of  persons  selected  to 
serve  as  petit  jurors  in  the  court  of  common  pleas  in  said 
county,  twenty  ballots  or  names,  which  shall  be  drawn  and 
counted  in  the  same,  manner  as  for  jurors  in  said  court  of 
common  pleas.  Said  clerk  shall  forthwith  certify  the  names 
so  drawn  to  said  justice  of  the  peace,  who,  upon  receipt 
thereof,  shall  issue  to  any  constable  of  the  county  a  venire 
containing  such  names  to  serve  as  jurors  to  try  such  case 
and  make  due  return  thereof.  The  jurors  shall  be  subject 
to  the  same  challenges  as  jurors  are  subject  to  in  criminal 
cases,  except  capital  cases,  in  the  court  of  common  pleas. 
If  the.  venire  of  twenty  names  be  exhausted  without  obtain- 
ing the  required  number  to  fill  the  panel,  the  justice  shall 
fill  the  panel  with  talesmen  in  the  manner  provided  for 
criminal  cases  in  said  court  of  common  pleas.  In  all  cases 
prosecuted  under  the  provisions  of  this  act,  no  costs  shall 
be  required  to  be  advanced  or  be  secured  by  any  person  or 
persons  authorized  under  the  law  to  prosecute  such  cases; 
and  if  the  defendant  be  acquitted  or  discharged  from  cus- 
tody, by  nolle,  or  otherwise,  or  if  he  be  convicted  and  com- 
mitted in  default  of  paying  fine  and  costs,  all  costs  of  such 
case  shall  be  certified  by  said  justice  of  the  peace  under  oath 
to  the  county  auditor,  who,  after  correcting  any  errors  in  the 
same,  shall  issue  a  warrant  on  the  county  treasury  in  favor 
of  the  person  or  persons  to  whom  such  costs  and  fees  shall 
be  paid.  And  in  cases  brought  for  any  violation  of  la\v 
for  the  prevention  of  cruelty  to  animals  or  children,  or  under 
sections  3140-2,  6984,  69840  or  (7017-3)  .Revised  Statutes 
of  Ohio,  any  humane  society  or  their  agents  may  employ  an 
attorney  to  prosecute  the  same,  who  shall  be  paid  for  his 
services  out  of  the  county  treasury  in  such  sum  as  any  judge 
of  the  court  of  common  pleas  or  probate  judge,  within  said 
county,  or  the  county  commissioners,  may  approve  as  just 
and  reasonable. 

In  pursuing  or  arresting  any  defendant  and  in  sub- 
pcenaing  the  witnesses,  the  jurisdiction  and  powers  of  the 
constable  or  other  court  officer  acting  in  such  capacity,  in  all 
such  cases,  shall  be  the.  same  as  that  of  the  sheriff  of  the 
county  in  criminal  cases  in  the  common  pleas  court,  and  he 
shall  receive  the  same  fees  therefor  as  are  allowed  said 
sheriff.  Jurors  in  all  such  cases  and  witnesses  subpoenaed 
in  all  such  cases  shall  be  entitled  to  like  mileage  and  fees, 
as  are  allowed  in  criminal  cases  in  the  court  of  common 
pleas,  and  in  all  other  respects,  in  so  far  as  the  same  may 
be  applicable,  the  procedure  provided  for  in  criminal  cases 
in  the  common  pleas  court  not  otherwise  inconsistent  here- 


LIQUOR  TAX.  33 

with,  shall  be  followed.  And  provided,  further,  that  wherer 
in  any  such  laws,  after  the  first  offense,  a  different  punish- 
ment is  provided  for  subsequent  offenses,  the  information 
or  affidavit,  in  order  to  avail  the  state  of  the  benefit  of  such 
additional  punishment,  shall  so  charge  that  it  is  the  second 
or  subsequent  offense,  and  unless  such  special  charge  is  so 
made,  the  punishment  shall  in  all  cases  be  as  of  the  first 
offense.  All  costs  and  moneys  which  are  to  be  paid  by  the  Costs, 
county  treasurer  as  herein  provided,  shall  be  paid  out  of  the 
general  revenue  fund  of  said  county.  And  in  any  case 
prosecuted  under  the  provisions  of  this  section,  a  new  trial, 
after  a  verdict  of  conviction,  may  be  granted,  for  any  of  the 
reasons  enumerated  in  section  seventy-three  hundred  and 
fifty  of  the  Revised  Statutes,  upon  the  written  application 
of  the  defendant,  filed  within  three  days  after  the  rendi- 
tion of  the  verdict;  provided  that  the  causes  enumerated 
in  subdivision  two,  three  and  five  of  said  section  must  be 
sustained  by  affidavits  or  other  evidence  showing  their 
truth  and  may  be  controverted  by  like  evidence. 


LIQUOR  TRAFFIC  TAX  LAW. 

AN  ACT 

Providing  for  a  tax  upon  the  business  of  trafficking  in  spirituous, 
vinous,  malt  and  any  intoxicating  liquors,  and  acts  amendatory 
thereto  providing  for  the  enforcement  and  collection  of  said 
tax. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio  : 

SECTION  i.  (Sec.  4364-9.)  Upon  the  business  of  Trafficking  ta* 
trafficking  in  spirituous,  vinous,  malt  or  other  intoxicating 
liquors,  there  shall  be  assessed  yearly,  and  shall  be  paid  into 
the  county  treasury,  as  hereinafter  provided,  by  every  per- 
son, corporation,  or  co-partnership  engaged  therein,  and  for 
each  place  where  such  business  is  carried  on  by  or  for  such 
persons,  corporation,  or  co-partnership,  the  sum  of  one 
thousand  dollars. 

SECTION  2.  (4564-10).    That  said  assessment,  togetnei    ^  j;|daromf  4th' 
with  an  increase  thereof,  as  penalty  thereon,  shall  attach   May.  a> 
and  operate  as  a  lien  upon  the  real  property  on  and  in  which    • 
such  business  is  conducted,  as  of  the   fourth  Monday  of 
May  each  year,  and  shall  be  paid  at  the  times  provided  for 
by  law  for  the  payment  of  taxes  on  real  or  personal  prop- 
erty within  this  state,  to-wit:     one-half  on  or  before  the 
twentieth  day  of  June,  and  one-half  on  or  before  the  twen- 
tieth day  of  December,  of  each  year. 

SECTION  3.     (Sec.  4364-11.)     That  when  such  business  ^eTn^o 
shall  be  commenced  in  any  year  after  the  fourth  Monday   case  iess"than. 
in  May  said  assessment  shall  be  proportionate  in  amount   $ 
to  the  remainder  of  the  assessment  year,  except  that  it  shall 
be  in  no  case  less  than  two  hundred  dollars,  and  the  same 


:34 


LIQUOR  TAX. 


Liquor  tax 
.assessment. 


Duty    of 
-inspectors. 


shall  attach  and  operate  as  a  lien  as  provided  in  section  2 
of  said  act  of  May  14,  1886,  and  be  payable  on  the  date  of 
such  commencement,  and  whenever  any  person,  corporation 
or  co-partnership,  engaged  in  such  business  who  has  been 
assessed  as  aforesaid,  and  who  has  paid  the  full  amount  of 
said  assessment  discontinues  such  business,  the  county  au- 
ditor, upon  being  satisfied  of  that  fact,  shall  issue  to  such 
person,  corporation  or  co-partnership  a  refunding  order  for 
a  proportionate  amount  of  said  assessment,  so  paid,  but  in 
no  case  shall  the  amount  of  such  assessment  retained  be  less 
than  two  hundred  dollars. 

Sec.  4364-14.  The  county  auditor  shall  make  and  pre- 
serve duplicates  of  such  assessments,  alphabetically  ar- 
ranged, showing  the  amount  and  date  of  each  assessment, 
by  whom  to  be  paid,  and  the,  premises  whereon  the  same  is  a 
lien.  And  upon  receiving  satisfactory  information  of  any 
such  business  liable  to  assessment  or  increased  assessment, 
as  aforesaid,  not  returned  by  the  assessor,  he  shall  forthwith 
enter  the  same  upon  such  duplicate  and  upon  the  county 
treasurer's  copy  thereof.  By  the  first  Monday  in  June  of 
each  year,  he  shall  make  out  and  deliver  to  the  county 
treasurer  a  copy  of  such  duplicate,  charging  him  with  the 
full  amount  of  such  assessments  to  be  collected,  and  also 
with  any  additional  assessments  or  increased  assessments 
and  penalties  thereon.  The  county  commissioners  of  the  re- 
spective counties  shall  allow  their  county  auditor  compen- 
sation for  the  dicharge  of  the  duties  imposed  upon  and 
performed  by  him  under  this  act,  as  follows:  Where  the 
amount  of  assessments  charged  upon  the  duplicate  in  any 
county  in  any  year  aggregates  twenty  thousand  dollars  or 
under,  a  compensation  equal  to  three  per  centum  of  any  such 
aggregate,  and  where  in  any  county  in  any  year  the  aggre- 
gate so  charged  exceeds  twenty  thousand  dollars  a  like 
compensation  on  twenty  thousand  dollars,  and,  in  addition 
thereto,  an  amount  equal  to  one  and  one-half  per  centum 
on  any  amount  in  excess  of  twenty  thousand  dollars.  All 
compensation  so  allowed  shall  at  the  next  settlement  of 
taxes  to  be  deducted  by  the  county  auditor,  ratably,  from 
all  the  funds  entitled  to  share  in  the  distribution  of  such 
assessments,  including  the  state,  county,  townships,  mu- 
nicipalities, school  districts  and  other  organizations  entitled 
thereto.  All  laws  requiring  any  county  auditor  to  account 
for  and  pay  his  fees,  costs  and  allowances  or  any  part  there- 
of into  the  county  treasury  for  the  use  of  the  county  shall 
govern  and  apply  to  the  compensation  herein  provided  for. 

SEC.  4364-14^.  The  assistant  commissioners  and  in- 
spectors appointed  by  the  dairy  and  food  commissioner  un- 
der section  409-10  of  the  Revised  Statutes  of  Ohio,  in 
addition  to  their  duties  under  that  section,  shall  determine 
from  information  furnished  by  the  auditor  of  state  or  by 
personal  visitation  or  otherwise,  the  names  of  all  persons, 
firms  or  corporations  liable  to  such  assessment  or  increased 
assessment  not  already  on  the  duplicate,  and  forthwith  re- 
port the  same  to  the  auditor  of  state,  together  with  a  de- 


LIQUOR  TAX.  35. 

scription  of  the  real  estate,  upon  which  such  business  is  car- 
ried on ;  and  thereupon  the  auditor  of  state  shall  cause  the 
same  to  be  entered  upon  the  assessment  duplicate  of  the 
proper  county  by  the  auditor  thereof,  together  with  the 
penalty  of  twenty  per  centum,  which  shall  be  collected  the 
same  as  other  assessments.  And  ten  per  cent,  of  the  amount 
so  placed  upon  the  duplicate  and  collected  shall  be  set  apart 
and  paid  into  the  state  treasury  to  the  credit  of  the  general 
revenue  fund,  and  the  remainder  thereof  shall  be  distributed 
the  same  as  provided  in  section  4364-17  of  the  Revised  Stat- 
utes of  Ohio. 

Sec.  4364-15.  The  county  treasurer  shall  collect  an^,  Collection  of 
receipt  for  all  assessments  so  returned  to  him,  and  if  any 
assessment  shall  not  be  paid  when  due,  he  shall  forthwith 
proceed  as  provided  in  section  4364-12  of  the,  Revised  Stat- 
utes of  Ohio,  to  collect  the  same,  and  in  case  he  shall  fail 
to  make  such  assessment  from  the  goods  and  chattels  there- 
in described,  then  said  treasurer  shall  immediately  proceed 
as  provided  in  section  one  thousand  one  hundred  and  four 
of  the  Revised  Statutes  of  Ohio,  to  enforce  the  lien  for  the 
same  with  the  penalty  thereon.  And  the  provisions  of  said 
section  one  thousand  one  hundred  and  four  and  all  other 
provisions  of  the  law  of  this  state  relating  to  the  assess- 
ment and  collection  of  taxes  are  hereby  made  applicable  to 
the  enforcement  of  liens  and  the  collection  of  such  assess- 
ments and  penalties.  The  fact  that  the  person,  firm  cr 
corporation  against  whom  suit  may  be  brought  to  enforce 
the  collection  of  such  assessment,  has  paid  the  specirl  t  x 
required  by  the  laws  of  the  United  States  for  engaging  in 
the  sale  of  intoxicating  liquors,  as  shown  by  the  public 
records  in  the  offices  of  the  internal  revenue  department, 
may  be  offered  in  evidence  as  proof  that  he  so  engaged  for 
the  time  for  which  such  special  tax  has  been  paid,  and  sha  1 
be  prima  facie  evidence  that  such  person,  firm  or  corpora- 
tion is  actually  engaged  in  the  business  of  trafficking  in 
intoxicating  liquors  as  defined  in  sections  4364-9,  4364-10, 
4364-11,  4364-12,  4364-13*  4364-14.  4364-15.  4364-16, 
4364-17,  4364-18,  4364-19.  4364-20,  4364-21,  4364-22,  and 
4364-23  of  the  Revised  Statutes  of  Ohio,  but  nothing  in  AS  to  drug- 
this  act  shall  be  construed  as  applying  to  a  regular  druggist  glsts> 
selling  intoxicating  liquors  upon  prescription,  issued  in  good 
faith  by  a  reputable  physician,  in  active  practice,  or  for  ex- 
clusively known  mechanical,  pharmaceutical  or  sacramental 
purposes,  as  defined  in  section  4364-16  of  the  Revised  Stat- 
utes of  Ohio.  The  treasurer  shall  charge  himself  with  all 
such  asessments  placed  in  his  hands  for  collection,  and  shall 
account  to  the  auditor  for  the  same,  together  with  all  pen- 
alties collected  thereunder. 

Sec  8.     (4364-16).     The  phrase  "trafficking  in  intoxi-   j^in 
cating  liquors,"  as  used  in  this  act,  means  the  buying  of   liquors"  de- 
procuring  and  selling  of  intoxicating  liquors  otherwise  than    f 
upon  prescription  issued  in  good  faith  by  reputable  physi- 
cians in  active  practice,  or  for  exclusively  known  mechan- 
ical,   pharmaceutical    or    sacramental    purposes,    but    such 


36  LIQUOR   TAX. 

phrase  does  not  include  the  manufacture  of  intoxicating  liq- 
uors from  the  raw  material,  and  the  sale  thereof  at  the 
manufactory,  by  the  manufacturer  of  the,  same  in  quantities 
oi  oae  gallon  or  more  at  any  one  time. 


INI3BX. 


ACETIC  ACID,   at  least  4%   by  weight,    to  be  in  all  vinegar 

ACIDS,  DRUGS,  ETC.,  introduced  in  Apple  Cider  Vinegar,  prohibited, 

ADULTERATION  OF  FOODS  AND  DRUGS 

ALOES ,    in  intoxicating  liquors ,    prohibited 

ALUM ,   in  intoxicating  liquors ,    prohibited , 

In   wine ,    prohibited , 

ANILINE  DYE,  in  Oleomargarine,  prohibited , 

ANNATTO,    in   Oleomargarine,    prohibited 

ANTISEPTIC,    in    wine,    prohibited 

ARTIFICIAL  DAIRY  PRODUCTS 

Dealers  — 

Cards   displayed,    "Oleomargarine    Sold   Here,"  etc.... , 

Purchaser   shall  be   informed , 

Hotels,    Boarding   Houses,    Restaurants,    Etc. — 

Cards  displayed , 


BABCOCK  TEST,   in  milk 

BARYTA,    in   wine,    prohibited , 

B ARYTES   TALC .    in    candy ,    prohibited 

BONDS,   official    : 

BRAZIL   WOOD,    in   intoxicating   liquors,    prohibited., 
BULLETINS    

When  made    

What   to   contain 

BUTTER,    RENOVATED   OR   PROCEED,    branding 
BUTTER   YELLOW,    in    Oleomargarine,    prohibited.. 


CALF,   less  than  four  weeks  eld 

Killing  for  purpose  of  sale,   prohibited 

Selling  meat   of,    prohibited 

Penalty    

CANDY 

Adulterated,    defined    

Manufacture  and  sale  prohibited 

CANNED   FRUITS   AND   VEGETABLES 

Unlabeled  goods,    sale  prohibited 

Soaked  goods  to  be  labeled  "Soaked" , 

False  or  fraudulent  stamps  prohibited 

CAPSICUM,  in  intoxicating  liquors,  prohibited., 
CARBONATE  OF  POTASH,  in  wine,  prohibited 
CARBONATE  OF  SODA,  in  wine,  prohibited.... 

CARBONIC   ACID,    in   wine,   prohibited 

CAUSTIC  LIME,  in  wine,  prohibited 

CHARGES,     payment    of 

CHEESE - 

"Filled"    cheese  rt    branded 

"Full    Milk"    cheese.. 


38 


INDEX. 


CHEESE  —  Concluded. 

"Full   Milk"   cheese,    branded 

Hotel,    restaurant,    etc. — 

Notice  to  guests ,    patrons 

Imitation,    deception   prohibited 

Manufacturers    rf   cheese 

Registration    

"Ohio    State    Full   Cream"   cheese 

Branded    

Peddler    

Placards   on    sides   of   vehicles 

"Skimmed"     

Posting   placards    

CHEMISTS,    employment    cf 

CIDER  VINEGAR   

CLERK,    CHIEF,    may   employ 

COCHINEAL,    in   intoxicating  liquors   prohibited 

COCOLUS    INDICUS,    in    intoxicating   liquors    prohibited 
COLORING    MATTER  - 

In   Oleomargarine   prohibited 

In   distilled   vinegar   prohibited 

In    wine   prohibited 

COLORS,    POISONOUS,    in    candy    prohibited 

COMMISSIONER.   DAIRY   AND  FOOD- 

Assistants .    dut ies    

Duties    

Election    

General    duties    

Powers    

Salary   and    expmses 

Term 

Vacancy     

COMMISSIONERS,    ASSISTANT  - 

Salary    

Duties    

COMPOUNDS - 

Labeled    ''Compound"    or    "Mixture" 

Violations    

What  are    

CONFECTIONERY    

COPPERAS,    in   intoxicating   liquors    prohibited 

COUNSEL,    employment    of 


DAIRY  PRODUCTS  — 

Cheese,    butter,    etc.,    defined 

Adulteration ,    etc 

Deception ,    etc 

Substitutes,    selling  prohibited , 

Branded,    falsely,    prohibited 

Compounding  prohibited    

Labeled ,    hew    , 

Oleaginous    substances    prohibited 

DISTILLED  VINEGAR   defined,    must  be  branded 

DISTILLERY   WASTES    . 


PAGE 

•2:3 

2-5 

22 
24 
24 


12- 


21 

23-22 
4 

11-10 

.> 

24 

24 

K5-15 
11 
26 
W 

3 
3 
q 

•; 

3-4 

3 
4 

4 

4 
34-4 

8-7 
8 

8-7 

13-il 

21 

4 


17- 


15 

i:> 
15 
22 
18 
17 
17 
17 
1! 
14 


INDEX.  39 

PAGE 

"DRUGGISTS,    selling    liquor 36-35 

DRUGS,    defined 6 

ESSENCE  OF  ETHER,   in  wine  prohibited 26 

.EXPENSES  - 

Payment    of    4 

Limitation    4 

'EXPERTS,    employment   of 4 

FERMENTED   VINEGAR '11 

FINES,    FEES    AND    COSTS 5-4 

Disposition    of 5-4 

FLAVORING    EXTRACTS,    defined : 6 

FLAVORS,    or  ingredients,    injurious,    in   candy   prohibited 13 

ELAXSEED   OIL    29 

FOODS,    defined    6 

'•GLUCOSE,    in    intoxicating   liquors    prohibited 24 

IMITATIONS  OF  FOOD  AND  DRUGS,  are  adulterations.... '    6 

INSPECTORS  - 

Duties  of   34 

Employment   of    4 

Interfering   with ,    etc. ,    penalty 4 

'INTOXICATING  LIQUORS  - 

Adulteration    24 

Branding   by   manufacturer 25 

Druggists 36-35 

Poison ,    using ,    penal    offense 25 

Tax  assessment   and   collection 36-33 

LAUREL  WATER,   in  intoxicating  liquors  prohibited 24 

LINSEED  OIL,    standard  boiled  or   raw 29 

Branding   29 

Penalty 30 

•LIQUOR  TAX  ASSESSMENT 36-33 

LOGWOOD,    in  intoxicating  liquors  prohibited 24 

.MAPLE   SYRUP 9 

Adulteration    9 

Manufacturing,    penalty 9 

Misdemeanor 9 

Offering  for  sale 9 

Selling    9 

Label,    containing  packer's  address,    etc 9 

Standard  of  weight 9 

MAPLE   SYRUP  LAW 9 

MALT  VINEGAR   11-10 

METHYL  ORANGE,  in  oleomargarine  prohibited 16 

K  — 

Adulterated  milk  defined •     15-14 

Condensed ,   how  made 19 

Diluted  — 

Sale   of,    prohibited 19 

Regulated 14 


40 


INDEX. 


MILK  —  Concluded.  PAGE 

Falsely   labeled    19 

Fraudulent  shipments    19 

Penalties    20,   14 

Skimmed    19 

Regulated 14 

Testing    13 

False ,    unlawful   13 

MINERAL  SUBSTANCES,  in  candy  prohibited 13 

OFFICE  OF  DEPARTMENT,   location  of 5 

OLEOM  ARGARIN  E  - 

Aniline  dye  colors  prohibited 16 

Dealers ,    must    display    placards 10 

Defined    16 

Hotels ,   etc. ,   must  display  placards 16 

Methyl,    butter  yellow,    annatto,   prohibited 16 

Sale  of  for  butter ,   prohibited 16 

Penalties    17-16-15 

OPIUM ,    in   intoxicating   liquors   prohibited 24 

PAINT  LAW   31-30 

PARADISE,    GRAINS   OF,    in  intoxicating  liquors   prohibited 24 

POISONOUS  COLORS,    in  candy  prohibited 13 

POISONOUS  INGREDIENTS,   in  all  foods  prohibited 8-6 

POISONOUS   SUBSTANCES,    in  intoxicating  liquors  prohibited 24 

PROSECUTIONS   26-27 

Jury  trial    26-27 

REFUSAL  TO   SELL  SAMPLE 8-4 

REPORTS  TO  GOVERNOR,    ANNUAL 5 

What  to  contain 5 

When  made    5 

SALICYLIC  ACID,   in  wine  prohibited 26 

SALTS ,   in  wine  prohibited 25 

SALTS  OF  LEAD,    in  wine  prohibited 26 

SEAL  OF  DAIRY  AND  FOOD  COMMISSIONER 5 

STATIONERY     5 

SUGAR   OF   LEAD,    in   intoxicating   liquors   prohibited 24 

SWINE- 

Feeding   flesh    of    old    horse ,    penalty 9-8 

Food  for    8 

SYRUP  LAW,   Maple 9 

TANNIC  ACID,   in  intoxicating  liquors  prohibited •     24 

TERRA   ALBA ,    admixture   of  in   candy  prohibited 13 

TESTING   MILK    13 

TRAFFICKING  IN  INTOXICATING  LIQUORS,   defined 35 

"UNWHOLESOME  FOOD  — 

Adulterated 8 

Corrupted 

Diseased    . 8 

Meat  or   drink 8 

Penalty  for  selling,    without  disclosing  fact 8 


INDEX.  41 

VINEGAR—  PAGE 

Apple,  orchard  or  cider  vinegar JO 

Standard  10 

Other  than  apple. . .' M-\  1-10 

Standard 12-11-10 

Distilled ,  branded  "Distilled  Vinegar" 11 

Coloring  matter ,  use  prohibited 11 

Fermented,  branded  "Fermented  Vinegar" 12 

Branding  — 

Head  of  cask,   barrel  or  keg , .12-11 

Farmers  selling  less  than  25  gals 12-11 

Deception  prohibited 12-1 1 

Lead,  copper,  sulphuric  or  other  mineral  acid  prohibited 11 

VITRIOL,  in  intoxicating  liquors  prohibited 24 

WINES  - 

Adulterated ,    defined  and  labeled 25 

Compounded ,    defined  and   labeled 27 

Domestic    24 

Adulterating   24 

Fruit  juices 20 

Pure  wines ,    defined   and   labeled 20 

Wine,    defined  and  labeled 2ft 

WINE  VINEGAR    H). 


UNIVEESTTY  OF  CALIFORNIA  LIBRARY, 
BERKELEY 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

Books  not  returned  on  time  are  subject  to  a  fine  of 
50c  per  volume  after  the  third  day  overdue,  increasing 
to  $1.00  per  volume  after  the  sixth  day.  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  of  loan  period. 


MAR  31 


YC  35094 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


